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LIBRARY    I 


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THEORY  AND  PRACTICE  OF 
THE   CONFESSIONAL 

A    GUIDE  IN   THE  ADMINISTRATION 

OF   THE   SACRAMENT  OF 

PENANCE 


BY 

PROF.    CASPAR   E.    SCHIELER,    D.D. 

EDITED    I5Y 

REV.    H.    J.    HEUSER,    D.D. 

PROFESSOR    ()F   THEOLOGY    AT    OVERBROOK    SEMINARY 
INTRODUCTION    BY    THE 

MOST    REV.    S.    G.    MESSMER,    D.D.,  D.C.L. 

ARCHBISHOP  OF   MILWAUKEE 


SECOND     EDITION     j?\ 


NEW    YORK,     CINCINNATI,     CHICAGO 
BENZIGER    BROTHERS 

PRINTERS    TO    THE  |  PUBLISHERS  OK 

HOLY    APOSTOLIC    SEE        |         BENZIGER's  MAGAZINF 


^AN  STACK 

Niljil  obstat. 

REMIGIUS   LAFORT, 

Censor  Librorum 

imprimatur, 

*i*  JOHN    M.    FARLEY, 

Archbishop  of  New  York 

New  York,  Aug.  31,  1905 


Copyright,  1905,  by  Benziger  Brothers. 


INTRODUCTION 

"There  is  nothing  more  excellent  or  more  useful  for  the 
Church  of  God  and  the  welfare  of  souls  than  the  office  of  Con- 
fessor. By  his  sacred  ministry  the  sinner  is  lightened  of  the 
burden  of  sin,  freed  from  the  yoke  of  Satan  and  concupiscence, 
and  clothed  again  with  the  robe  of  innocence  previously  lost. 
Weak  knees  are  confirmed  (Is.  xxxv.  3) ;  that  is,  men  weak  and 
idle  in  mind  receive  new  vigor,  and  lastly  the  just  are  aroused 
and  enkindled  to  persevere  in  goodness  and  to  reach  with  freshly 
spurred  zeal  for  the  crown  of  justice  laid  up  for  them  (2  Tim. 
iv.  8). 

"How  great  and  arduous  is  the  office  of  Confessor  appears 
clearly  from  the  fact  that  by  it  he  is  made  a  judge  in  the  place 
of  Christ  and  that  of  his  judgment  he  must  some  day  render 
a  strict  account  to  the  Supreme  Judge.  To  him,  therefore, 
apply  the  words  with  which  the  pious  king  of  Israel  charged  the 
judges  appointed  by  him,  'Take  heed  what  you  do:  for  you 
exercise  not  the  judgment  of  man,  but  of  the  Lord  God;  and 
whatever  you  judge,  it  shall  redound  to  you'  (2  Paral.  xix.  6). 
In  this  tribunal,  however,  the  priest  may  not  consider  himself 
to  be  only  a  Judge  to  hear  the  culprit's  confession,  to  correct 
him,  and  then,  having  imposed  sentence,  to  send  him  away.  He 
must  also  act  the  part  of  the  Shepherd  and,  following  the  example 
of  the  Good  Shepherd,  must  know  his  sheep,  bring  back  to  the 
fold  those  that  strayed  away  and  fell  among  thorns,  and  finally 
lead  them  unto  wholesome  pastures  and  the  waters  of  eternal 
refreshment.  He  must  be  a  Physician  giving  suitable  remedies 
to  the  sick,  and  treating  and  healing  with  anxious  and  skillful 

V 

984 


vi  .         INTRODUCTION 

hand  the  wounds  of  the  soul.  Lastly  he  must  be  a  Father,  and 
like  the  father  in  the  Gospel  cheerfully  receive  with  the  kiss 
of  peace  the  prodigal  son  returning  from  exile,  where  he  had 
been  lost  and  consumed  by  hunger  and  filth;  he  must  vest  the 
son  found  again  with  the  first  robe,  refresh  him  with  the  fatted 
calf  and  delicious  dishes,  and  restore  him  to  the  former  place  and 
dignity  of  heir  and  son. 

"  Therefore  let  the  priest  who  goes  to  hear  confession  seriously 
ponder  over  these  offices  of  judge,  shepherd,  physician,  and 
father,  and  endeavor,  as  far  as  in  him  lies,  to  fulfill  them  in  deed 
and  work.  Above  all  let  him  remember  that  he  acts  in  the 
place  of  Christ  and  as  an  ambassador  for  God,  as  the  Apostle 
often  tells  us"  (Cone.  Bait.  PI.  II.  nn.  278,  279,  280). 

The  present  volume  is  a  practical  commentary  upon  these 
weighty  words  of  the  Fathers  of  the  Baltimore  Council.  The 
tremendous  responsibility  of  the  Catholic  priest  exercising  the 
ministry  of  the  Sacrament  of  Penance  must  appear  in  a  truly 
dazzling  light  to  the  mind  of  every  one  who  but  glances  over 
the  following  pages.  Human  intelligence  can  never  fully 
grasp  the  true  significance  of  this  divine  sacrament,  which 
works  at  the  same  time  forgiveness  of  sin  and  sanctification  by 
grace;  which  is  for  poor  fallen  man  at  once  the  judgment  of 
God's  infinite  hatred  of  sin  and  the  manifestation  of  His  infinite 
mercy  for  the  repentant  sinner;  which  brings  humiliation  and 
punishment  while  it  fills  the  soul  returning  to  God  with  un- 
speakable joy  and  comfort.  Who  can  tell  the  number  of  souls 
troubled  by  sin  and  sinful  temptations  who  have  found  peace 
and  consolation,  strength  and  holy  courage  in  this  sacrament  ? 
the  number  of  souls  kept  not  only  for  days,  but  for  years  in 
the  bondage  of  evil  passion  and  Satan  who  were,  by  the  words 
of  absolution,  freed  from  that  ignominious  slavery  and  led 
again  to  enjoy  the  freedom  of  the  children  of  God?  the  num- 
ber of  souls  snatched  from  the  brink  of  perdition  by  the  strong 
hand  of  God  extended  to  them  through  His  minister  in  the  con- 


INTRODUCTION  vn 

fessional?  the  number  of  souls  buried  in  spiritual  death  by 
grievous  sin  who  were  brought  out  from  their  tombs  to  super- 
natural life  and  the  sunshine  of  heavenly  grace  by  the  power  of 
sacramental  confession?  Only  the  book  of  life  reveals  them  all. 
To  be  the  minister  of  such  a  sacramenl  is,  indeed,  a  glorious 
calling.  Most  excellent  in  itself  and  most  useful  for  the  Chris- 
tian people  is  the  office  of  Confessor.  But  the  Fathers  of  the 
Council  tell  us  it  is  also  a  most  arduous  office.  In  very  truth, 
the  faithful  administration  of  the  Sacrament  of  Penance  demands 
a  great  deal  more  of  the  personal  cooperation  of  the  minister 
with  the  recipient  than  any  other  sacrament.  Not  to  mention 
the  fact  that  in  the  other  sacraments,  marriage  alone  excepted, 
the  acts  of  the  recipient  desirous  to  receive  the  sacrament 
have  nothing  directly  to  do  with  the  substance  and  validity 
of  the  sacrament,  while  in  confession  these  acts  are  not  a  mere 
condition,  but  form  the  materia  ex  qua  the  sacrament  ari 
there  is  not  the  slightest  doubt  whatever  of  the  most  serious 
and  grave  duty  of  the  confessor  to  assist  the  penitent  as  far 
as  possible  towards  a  worthy  and  profitable  confession.  He 
is  not  only  bound,  as  in  all  other  sacraments,  to  insure  the  validity 
of  the  sacrament  and  to  assure  himself  of  the  required  disposi- 
tion of  the  recipient,  but  here  more  than  elsewhere  he  must 
himself  effect  and  bring  forth,  as  well  as  he  can,  the  worthy  and 
right  disposition  of  the  penitent.  Nor  is  this  all.  Confession 
is  not  merely  to  free  the  sinner  from  sin  for  a  few  passing  mo- 
ments; it  must  so  strengthen  his  will  and  direct  his  heart  thai 
he  will  avoid  the  coming  danger  and  resist  the  future  tempta- 
tion. Herein  lies  the  difficult  and  arduous  task  of  the  confessor. 
It  is  in  the  discharge  of  this  duty  that  the  priest  needs  all 
the  love  and  charity,  patience  and  meekness,  of  the  spiritual 
father;  all  the  prudence  and  close  attention,  the  knowledge 
and  experience  of  the  spiritual  physician;  all  the  understanding 
of  the  holy  law  and  the  firmness,  impartiality,  and  discretion 
of  the  spiritual  judge;    the  watchful  care  and  patient  search  of 


Vlll  INTRODUCTION 

the  spiritual  shepherd ;  the  holy  knowledge  and  wisdom  of  the 
spiritual  teacher;  the  fervid  prayer,  saintly  life,  and  burning 
zeal  for  souls  necessary  to  him  who  is  to  be  the  minister  of 
Jesus  Christ  unto  sinful  man  redeemed  by  His  precious  blood. 

Even  this  is  not  all.  Confession  is  not  only  a  means  of 
cleansing  the  sinner  from  the  stain  of  sin  and  vice,  and  of 
giving  him  strength  and  courage  in  the  battle  against  tempta- 
tion ;  but  it  is  also  to  help  the  just  and  holy  man  to  rise  continu- 
ally higher  on  the  ladder  of  Christian  perfection.  It  is  the 
sacrament  for  saint  and  sinner.  The  greatest  saints  of  God  in 
holy  Church  had  the  greatest  reverence  and  desire  for  holy  con- 
fession. St.  Charles  Borromeo  went  to  confession  every  day. 
Hence  the  tender  care  of  the  flowers  and  fruits  of  Christian 
virtue  in  the  heart  of  his  penitent  is  another  important  duty  of 
the  father  confessor.  How  is  he  to  fulfill  it  in  a  maimer  profit- 
able to  the  penitent  and  to  himself,  unless  he  is  well  acquainted 
with  the  principles  and  facts  of  the  spiritual  life  by  a  thorough 
study  of  Christian  ascetics  and  the  earnest  practice  of  Christian 
perfection  ?  What  a  responsibility  when  a  soul  called  by  God  to 
the  higher  walks  of  Christian  life,  and  willing  to  follow  the  call, 
be  it  in  the  world  or  in  the  cloister,  falls  into  the  hands  of  an 
ignorant,  neglectful,  or  heedless  confessor !  But  what  glory  to 
God,  what  happiness  of  soul,  what  merit  for  heaven,  when  by 
holy  zeal  and  skillful  effort  the  minister  of  God  in  holy  confes- 
sion leads  the  Christian  soul,  panting  after  God  as  the  hart 
panteth  after  the  fountains  of  water  (Ps.  xlii.  2),  into  the  sanctu- 
ary of  God's  love,  grace,,  and  mercy  !    What  a  glorious  ministry ! 

We  can  only  hope  and  pray  that  Catholic  priests  will  care- 
fully read  the  beautiful  and  instructive  lessons  that  Dr.  Schieler's 
book  offers,  and  ponder  over  them  day  and  night.  There  is 
no  greater  blessing  for  Church  and  State,  society  and  individual, 
than  an  army  of  priests  who  are  confessors  according  to  the 
spirit  of  Christ;  for  they  are  in  a  fuller  sense  than  others  "  good 
stewards  of  the  manifold  grace  of  God  "  (1  Petr.  iv.  10). 

*  S.   G.   MESSMER. 


EDITOR'S   PREFACE 

An  English  translation  of  Dr.  Schieler's  exhaustive  work  on 
"The  Sacrament  of  Penance,"  for  the  use  of  theological  stu- 
dents and  missionary  priests,  had  been  advised  by  some  of  our 
bishops  and  professors  of  theology.  It  was  felt  that,  under 
present  conditions,  a  work  in  the  vernacular  on  a  subject  which 
involved  to  a  very  large  extent  the  practical  direction  of  souls 
was  an  actual  necessity  for  many  to  whom  the  Latin  texts  deal- 
ing with  the  important  questions  of  the  Confessional  were  for 
one  reason  or  another  insufficient. 

There  was  one  serious  objection  to  the  publication  of  a  work 
in  English,  which,  since  it  deals  with  most  delicate  subjects, 
might  for  this  reason  cause  an  unqualified  or  prejudiced  reader 
to  misunderstand  or  pervert  its  statements,  so  as  to  effect  the 
very  opposite  of  what  is  intended  by  the  Church  in  her  teaching 
of  Moral  and  Pasloral  Theology.  Between  the  two  dangers  of 
a  lack  of  sufficiently  practical  means  to  inform  and  direct  the 
confessor  and  pastoral  guide  of  souls  in  so  difficult  and  broad  a 
field  as  .is  presented  by  the  missions  in  English-speaking  coun- 
tries, and  the  fear  that  a  manual  from  which  the  priest  derives 
his  helpful  material  of  direction  may  fall  into  the  hand  of  the 
ill-advised,  for  whom  it  was  not  intended,  the  latter  seems  the 
lesser  evil,  albeit  it  may  leave  its  deeper  impression  upon  cer- 
tain minds  that  see  no  difficulty  in  using  the  sources  of  informa- 
tion in  which  the  Latin  libraries  abound. 

One  proof  of  both  the  necessity  and  the  superior  advantage 
of  having  a  vernacular  expression  of  this  branch  of  theological 
literature,  for  the  use  of  students  and  priests  in  non-Latin  coun- 
tries, is  readily  found  in  the  fact  that  authorized  scholarship  and 
pastoral  industry  in  Germany  have  long  ago  seen  fit  to  supply  this 
need  for  students  in  its  theological  faculties,  and  for  priests  on 
the  mission,  and  that  the  benefit  of  such  a  course  has  shown 
itself  far  to  overlap  the  accidental  danger  of  an  unprofessional 
use  of  the  source  of  Moral  Theology  in  the  hands  of  a  lay-reader, 


6  PREFACE 

or  one  hostile  to  the  Catholic  Church  who  might  pervert  its  doc- 
trine and  arouse  the  zeal  of  the  prudish. 

The  work  was,  therefore,  not  undertaken  without  serious 
weighing  of  the  reasons  for  and  against  its  expediency  from  the 
prudential  as  well  as  moral  point  of  view.  As  a  competent  trans- 
lator of  it,  the  name  of  the  Rev.  Richard  F.  Clarke,  S.J.,  of  the 
English  Province1,  whose  editions  of  Spirago's  catechetical  volumes 
had  given  him  the  advantage  of  special  experience  in  kindred 
work,  suggested  itself  to  the  publishers.  Father  Clarke  actu- 
ally undertook  the  translation,  and  had  fairly  completed  it  when 
death  overtook  him.  The  manuscript  was  placed  in  my  hands 
with  a  request  to  prepare  it  for  publication.  After  much  delay, 
due  to  a  multiplicity  of  other  professional  duties,  I  found  it  pos- 
sible, with  the  cooperation  of  the  Rev.  Dr.  Charles  Bruehl,  who 
kindly  consented  to  undertake  the  principal  work  of  revision,  to 
complete  the  volume  which  is  now  placed  at  the  disposal  of  our 
clergy.  There  is  probably  room  for  some  criticism  in  parts 
wherein  I  have  undertaken  to  alter  the  expressions  of  the  author 
and  of  the  original  translator,  with  a  view  of  accommodating 
the  matter  to  the  temperament  of  the  English  reader.  In  this 
I  may  have  sinned  at  times  both  by  excess  and  by  deficiency; 
but  these  blemishes  can,  I  trust,  be  eliminated  in  future  editions 
of  a  work  which,  for  the  rest,  contains  so  much  of  instructive 
material  as  to  prove  itself  permanently  useful  to  the  theologian 
and  pastor. 

In  some  cases  I  would  not  wish  to  be  understood  as  sharing 
the  author's  views,  nor  should  I  have  deemed  an  insistence  upon 
the  often-cited  opinions  of  casuists  quite  so  essential  in  a  work  of 
this  kind  as  it  seemed  to  the  learned  author.  But  in  this  I  did 
not  feel  authorized  to  depart  from  his  text,  even  if  I  had  not  fully 
appreciated  the  advantage  of  his  ample  references  and  quota- 
tions in  matters  of  detail.  Whatever  we  think  of  the  author's 
personal  views,  his  citations  of  the  masters  in  the  science  of  mor- 
als give  to  his  book  certain  advantages  entitled  to  recognition. 

With  these  restrictions  borne  in  mind,  it  would  be  difficult  to 
exaggerate  the  usefulness  of  a  work  such  as  this,  which  directs 
the  priest  in  the  sacramental  ministry  of  Penance  as  indicated 
by  the  laws  and  practice  of  the  Church. 

The  aim  of  every  pastor  must  in  the  first  place  be  to  rouse  the 


PREFACE  7 

consciences  of  the  individual  members  of  his  flock  to  motives  of 
pure  and  right  living.  The  Gospel  of  Christ  furnishes  the  model 
of  such  living,  and  the  Church  is  the  practical  operator  under 
whose  direction  and  authority  the  principles  of  the  Gospel  are 
actively  carried  into  society,  from  the  lowest  to  the  highest 
strata.  The  sacramental  discipline  of  the  Confessional  is  the 
directest  and  most  powerful  instrument  by  which  the  maxims 
and  precepts  of  the  Gospel  are  made1  operative  and  fruitful 
in  the  individual  conscience.  A  prominent  non-Catholic  writer 
of  our  day  has  characterized  the  Catholic  Church  as  the  Empire 
of  the  Confessional.  So  she  is,  and  her  empire  is  the  strongest, 
the  most  penetrating,  permanent,  and  effective  rule  for  the  good 
conduct  of  the  individual  and  the  peace  and  prosperity  of  the 
community  that  can  be  conceived. 

On  the  proper  operation,  therefore,  of  the  Sacrament  of  Pen- 
ance depends  in  the  first  place  all  that  we  can  look  for  of  satis- 
faction and  peace  upon  earth.  But  the  administration  of  the 
Sacrament  of  Penance  is  solely  in  the  hands  of  the  priest  or  con- 
fessor. If  he  knows  what  to  do,  if  he  is  wisely  diligent  in  doing 
what  the  discipline  of  the  Confessional  instructs  him  to  do, 
he  will  rule  his  people  with  order  and  ease,  he  will  gain  their 
gratitude  and  their  love,  he  will  reap  all  the  fruits  of  a  happy 
ministry,  and  his  name  will  be  in  benediction  among  men  of 
good  will  within  and  without  the  fold. 

The  Confessional  is  a  tribunal.  It  demands  a  certain  knowl- 
edge of  the  law,  exercise  of  discretion  and  prudence  in  the  appli- 
cation of  the  law,  and  the  wisdom  of  kindly  counsel  to  greater 
perfection.  As  the  lawyer,  the  judge,  the  physician,  learn  their 
rules  of  diagnosis  and  prescription  in  the  first  instance  from 
books  and  then  from  practice,  so  the  future  confessor,  for  three 
or  four  years  a  student  of  theology,  deems  it  his  first  and 
most  important  duty  to  study  Moral  Theology,  and  this  with 
the  single  and  almost  exclusive  purpose  of  making  use  of  it 
in  the  Confessional.  Moral  Theology  gives  him  the  principles 
of  law  and  right,  the  rules  to  apply  them  to  concrete  cases, 
and  certain  precedents  by  way  of  illustration,  in  order  to  render 
him  familiar  with  actual  and  practical  conditions.  But  the 
young  priest  learns  much  more  during  the  first  few  months  and 
years  of  his  actual  ministry  by  sitting  in  the  Confessional  and 


8  PREFACE 

dealing  with  the  consciences  of  those  who  individually  seek  his 
direction. 

There  is  some  danger  that  the  practical  aspect,  with  all  the 
distracting  circumstances  of  sin's  work  in  the  soul,  may  in  time 
obscure  the  clear  view  of  principles  and  make  the  confessor  what 
the  criminal  judge  is  apt  to  become  during  long  years  of  incum- 
bency, oversevere  or  overindulgent,  as  his  temper  dictates.  He 
may  thus  lose  that  fine  sense  of  discrimination,  that  balanced  use 
of  fatherly  indulgence  and  needful  correction,  which  the  position 
of  the  representative  of  eternal  justice  and  mercy  demands. 

To  obviate  this  result,  which  renders  the  Confessional  a  mere 
work  of  routine  and  absolution,  instead  of  being,  as  it  should  be, 
a  means  of  correction  and  reform,  the  priest,  like  the  judge,  needs 
to  read  his  books  of  law  and  to  refurbish  his  knowledge  of  theory 
and  practice  and  his  sense  of  discernment.  But  the  theological 
texts  with  which  he  was  familiar  under  the  Seminary  discipline, 
where  nothing  distracted  him  from  the  attentive  use  of  them, 
are  not  now  so  readily  at  hand.  Their  Latin  forms  are  a  speech 
which,  if  not  more  strange  and  difficult  than  during  his  Seminary 
course,  seems  more  distant  and  uninviting.  The  priest,  even 
the  young  priest,  would  rather  review  his  Moral  Theology  in 
the  familiar  language  in  which  he  is  now  to  express  his  judgments 
to  his  penitents. 

This  fact  alone  suggests  the  pertinent  use  of  the  book  before 
us.  There  the  confessor,  the  director  of  the  conscience,  finds  all 
that  he  was  taught  in  his  Moral  Theology.  He  finds  much  more ; 
for  the  author  has  made  the  subject  a  specialty  of  treatment 
which  leads  him  to  light  up  every  phase  of  the  confessor's  task. 
He  has  himself  studied  all  the  great  masters  in  the  direction  of 
souls  from  the  Fathers  of  the  Church  down  to  the  Scholastics  of 
the  thirteenth  century;  and  more  especially  those  that  follow, 
who  have  entered  into  the  theory  and  art  of  psychical  anatomy 
-Guilelmus  Paris,  Cardinal  Segusio,  St.  Thomas,  St.  Bona- 
venture,  Gerson,  St.  Charles  Borromeo,  Toletus,  De  Ponte, 
St.  Francis  of  Sales,  Lugo,  Lacroix,  Concina,  Cajetan,  and 
Bergamo,  St.  Alphonsus,  Reuter,  and  finally  those  many  doctors 
of  the  last  century  who  have  written  upon  the  duties  of  the  con- 
fessor in  the  light  of  modern  necessities  and  special  canon  law. 

It  is  hardly  necessary  to  explain  to  the  priest  who  has  passed 


PREFACE  9 

over  the  ground  of  the  sacramental  discipline  as  found  in  his 
theological  text-books,  how  the  subject  is  here  presented  in  the 
detail  of  analysis  and  application  to  concrete  conditions.  Pen- 
ance is  a  Virtue  and  it  is  a  Sacrament.  To  understand  the  full 
value  of  the  latter  we  must  examine  its  constituent  elements, 
the  matter,  form,  conditions,  the  dispositions  and  acts  of  the 
penitent,  sorrow  for  sin,  purpose  of  amendment,  actual  accusa- 
tion of  faults  in  the  tribunal  —  requisites  which  are  dealt  with 
by  Professor  Schieler  in  the  traditional  manner,  but  with  clear- 
ness and  attention  to  detail. 

Of  special  importance  are  the  suggestions  in  the  third  chapter, 
touching  the  integrity  of  the  Confession :  the  number,  circum- 
stances certain  and  doubtful,  of  the  sins,  and  the  reasons  which 
excuse  the  penitent  from  making  a  complete  confession;  like- 
wise the  treatment  of  invalid  confessions,  of  general  confessions, 
their  purpose,  necessity,  or  danger  as  the  case  may  be ;  satisfac- 
tion, its  acceptance  or  commutation. 

The  main  object  of  the  treatise  lies,  however,  as  might  be  sup- 
posed, in  the  exposition  of  the  confessor's  powers  and  jurisdic- 
tion, and  of  the  reservation  and  abuse  of  faculties.  These 
matters  are  in  the  first  place  discussed  from  the  theoretical  stand- 
point. Then  follows  the  application,  which  takes  up  the  second 
principal  part  of  the  work.  Here  we  have  the  confessor  in  the 
act  of  administering  the  Sacrament.  He  is  told  how  he  is  to 
diagnose  the  sinner's  condition  by  the  proposal  of  questions  and 
by  ascertaining  his  motives  —  how  far  and  to  what  end  this 
probing  is  lawful  and  wise.  Next  the  qualities  of  the  confessor, 
his  duties  and  responsibilities,  are  set  forth  in  so  far  as  they  must 
lead  him  to  benefit  his  penitent  both  in  and  out  of  the  tribunal  of 
penance.  The  obligation  of  absolute  secrecy  or  the  sigillum  is 
the  subject  of  an  extended  chapter. 

From  the  general  viewpoint  which  the  confessor  must  take  of 
his  penitent's  condition  and  the  safeguards  by  which  he  is  to  pro- 
tect the  penitent  both  as  accused  and  accuser,  our  author  leads 
us  into  the  various  aspects  of  the  judge's  duties  toward  penitents 
in  particular  conditions.  Thus  the  sinner  who  is  in  the  constant 
occasion  of  relapse  into  his  former  sin,  the  sinner  who  finds  him- 
self too  weak  to  resist  temptation,  the  penitent  who  aims  at 
extraordinary  sanctity,  the  scrupulous,  the  convert,  form  sepa- 


10  PREFACE 

rate  topics  of  detailed  discussion.  The  last  part  of  the  volume 
deals  with  the  subjects  of  confessions  of  children,  of  young  men 
and  young  women,  of  those  who  are  engaged  to  be  married,  of 
persons  living  in  mixed  marriage,  of  men,  religious  women,  of 
priests,  and  of  the  sick  and  dying. 

Some  of  our  readers  may  recall  that  we  have  protested  against 
too  implicit  a  reliance  on  an  artificial  code  of  weights  and  measures 
in  the  matter  of  sin ;  and  to  them  it  may  seem  that  in  seconding 
the  translation  of  such  a  work  as  this  we  go  contrary  to  the  prin- 
ciples advocated,  because  our  author  presents  the  same  applica- 
tion of  canon  law  and  judicial  decision  which  has  been  sanctioned 
by  the  great  moralists  and  canonists  of  the  schools.  But  let  the 
reader  remember  that  in  the  text-books  of  the  Seminary,  we  have 
as  a  rule  the  principles  and  precepts  presented  in  their  skeleton 
form  so  as  to  leave  the  impression  of  fixed  maxims,  which  cannot 
be  altered,  although  they  are  in  many  cases  only  the  coined  con- 
victions of  individual  authors,  to  whose  authority  the  student 
is  taught  to  swear  allegiance.  In  the  present  volume  princi- 
ples and  precepts  are  so  discussed  that  they  admit  of  an  all-sided 
view,  and  as  a  result  do  not  hinder  that  freedom  of  judgment 
which  is  so  essential  a  requisite  in  a  good  judge  and,  therefore, 
in  a  confessor.  For  the  rest  we  felt  it,  of  course,  to  be  our  duty 
toward  the  author  to  preserve  his  train  of  thought  and  reasoning, 
and  if  anything  is  needed  to  make  his  exposition  especially  appli- 
cable to  our  missionary  conditions  of  time  and  place,  it  will  be 
easily  supplied  by  any  one  who  shall  have  read  and  studied  the 

present  work. 

H.  J.  Heuser. 


CONTENTS 
PART  I 

PENANCE  AS  A    VIRTUE   AND  AS  A    SACRAMENT 

PAGE 

1.  The  Virtue  of  Penance      .........  17 

2.  The  Sacrament  of  lVnance 20 

:>.  Necessity  of  the  Sacrament  of  Penance   .  ....  22 

1.  Forgiveness  of  Venial  Sin 29 

5.  The  Constituent  Parts  of  the  Sacrament  of  Penance  in  General     .  37 

6.  The  Remote  Matter  of  the  Sacrament  of  Penance  in  Particular     .  :i!i 

7.  The  Form  of  the  Sacrament      ........  50 

8.  Conditional  Absolution     „ 59 

PART   II 

THE  RECIPIENT  OF   THE   SACRAMENT  OF  PENANCE, 
OR    THE   ACTS    OF   THE   PENITENT 

9.  Who  can  Receive  the  Sacrament  of  Penance 70 

CHAPTER  I 
Contrition 

10.  Extent  and  Efficacy  of  Contrition 7 1 

11.  The  Essential  Features  of  Perfect  Contrition  .....       76 

12.  The  Effects  of    Perfect  Contrition    and  the  Obligation  of   Pro- 

curing it  .  .         .         .         .         .         -        .         .81 

13.  Imperfect  Contrition 88 

1-1.    The  Necessary  (Qualities  of  Contrition its 

15.  The  Relation  of  Contrition  to  the  Sacrament Ill 

CHAPTER  II 

The  Purpose  of   Ami  xdment 

16.  Necessity  and  Nature  of  the  Purpose  of  Amendment      .         .         .     121 

17.  Properties  of  the  Purpose  of  Amendment 126 

18.  The  Purpose  of  Amendment  with  regard  to  Venial  Sin  .     133 

11 


12 


CONTENTS 


19. 

20. 


21. 
22. 
23. 
24. 

25. 

20. 


CHAPTER   III 

Confession 

Article  I.     Essence,  Necessity,  and  Properties  of  Confession 
Essence  and  Necessity  of  Confession        .... 
Properties  of  Confession 


28. 
29. 
30. 
31. 


Article  II.     The  Integrity  of  tin   Confession 

Necessity  of  the  Integrity  of  Confession  . 
Extent  of  the  Integrity  of  Confession 
The  Number  of  Sins  in  Confession  . 
The  Confession  of  the  Circumstances  of  Sins 
The  Confession  of  Doubtful  Sins 
Sins  omitted  through  Eorgetfulness  or  Other  Causes  not  Blame- 
worthy         

Reasons  Excusing  from  Complete  Accusation  .... 

Article  III.     The  Means  to  be  employed  in  Order  to  make  a  Perfect 
Confession 

The  Examination  of  Conscience 

Invalid  Confessions  ..... 

General  Confession 

The  Manner  of  Hearing  General  Confession 
Plan  for  making  a  General  Confession     . 


PAGE 

137 
138 


153 
157 

163 
166 

180 

193 

198 


215 
222 
228 
238 
245 


CHAPTER   IV 
Satisfaction 

33.  The  Imposition  of  Penance  by  the  Confessor 256 

34.  The  Acceptance  and  Performance  of  the  Penance  by  the  Penitent    271 

35.  The  Commutation  of  the  Penance 274 


PART    III 

THE   MINISTER    OF   THE   SACRAMENT 

Section  I.    The  Powers  of  the  Confessor 

:j(i.    Orders,  Jurisdiction,  Approbation 279 

CHAPTER  I 

Jurisdiction 

37.  The  Minister  of  the  Sacrament  with  Ordinary  Jurisdiction   .         .     284 

38.  The  Minister  of  the  Sacrament  with  Delegated  Jurisdiction  or 

Approbation 288 


CONTENTS  13 


18.    The  Knowledge  of  the  Sins 

49.  The  Nature  of  the  Questions  to  be  put  to  the  Penitent  . 

50.  The  Examination  of  the  Dispositions  of  the  Penitent 

51.  The  Confessor's  Duty  in  Disposing  his  Penitents    . 

52.  The  Duty  of  the  Confessor  to  administer,  to  defer,  or  to  i 

Absolution 


cl'nsc 


PAGE 


39.   Jurisdictio  Delegata  Extraordinaria,  or,  the  Supplying  of  Deficient 

Jurisdiction  by  the  Church        .......    300 

■10.   The  Administration  of  the  Sacrament  of  Penance  to  Members  of 

Religious  Orders 307 

11.   Jurisdiction  and  Approbation  for  the  Confessions  of  Nuns     .         .     311 

CHAPTER   II 
Limitation  of  Jurisdiction  on  Reserved  Cases 

42.  Reserved  Cases  in  General 316 

43.  The  Papal  Reserved  Cases 326 

44.  Absolution  of  Reserved  Sins 340 

CHAPTER   III 
Abuse  of  Power  by  the  Minister  of  the  Sacrament 

15.    Inquiring  after  the  Name  of  the  Accomplice  in  Sin         .         .         .     351 

46.  The  Absolution  of  the  Complex  in  Peccato  Turpi     ....     354 

47.  Sollicitatio  Proprii  Poenitentis  ad  Turpia    ......     364 


Section  II.    The  Office  of  the  Confessor 

CHAPTER   I 

The  Essential  Duties  of  the  Confessor  in  the  Exercise 
of  his  Office;  ok,  The  Confessor  considered  in  his 
Office  of  Judge 


379 
382 

402 

407 


CHAPTER   II 
The  Accessory  Duties  of  the  Confessor 

Article  I.     The  Preparation 

53.  The  Virtues  which  the  Confessor  must  Possess        ....     416 

54.  The  Scientific  Equipment  of  the  Confessor 42 1 

55.  The  Prudence  of  the  Confessor         .  434 


14 


CONTENTS 


Article  II.     Duties  of  the  Confessor  during  Confession 

56.  The   Duty  of   instructing   and   exhorting   the  Penitent  (Munus 

Doctoris) 438 

57.  The  Duty  of  suggesting  Remedies  against  Relapse  (the  Confessor 

as  Physician) 448 

CHAPTER  III 
The  Duties  of  the  Confessor  after  the  Confession 


58.  The  Duty  of  correcting  Errors  occurring  in  the  Confession 

59.  The  Duty  of  preserving  the  Seal  of  Confession 
CO.  The  Subject  of  the  Seal  of  Confession 

61.  The  Object  or  Matter  of  the  Seal  of  Confession 

62.  Violations  of  the  Seal 


460 
466 
471 
473 
476 


63. 
64. 

65. 

66. 


Section  III.    The  Duties  of  the  Confessor  toward  Different 
Classes  of  Penitents 

CHAPTER  I 

The  Treatment  of  Penitents  in  Different  Spiritual 

Conditions 

Article  I.     The  Occasionarii 

Sinful  Occasions  and  the  Duty  of  avoiding  them     ....     487 

The  Duties  of  the  Confessor  toward  Penitents  who  are  in  Occasione 

Proximo  Voluntaria     .........     493 

The  Duties  of  the  Confessor  toward  Penitents  who  are  in  Occasione 

Necessaria 496 

Some  Commonly  Occurring  Occasions  of  Sin 501 


Article.  II.     Habitual  and  Relapsing  Sinners 

67.  Definition  and  Treatment  of  Habitual  Sinners 

68.  Relapse,  and  the  Treatment  of  Relapsing  Sinners 

69.  Relapsing  Sinners  requiring  Special  Care 

70.  Penitents  aiming  at  Perfection 

71.  Hypocritical  Penitents      .... 

72.  Scrupulous  Penitents         .... 

73.  Converts 


518 
521 
530 
536 
543 
545 
555 


CHAPTER  II 

The  Treatment  of  Penitents  in  Different  External 

Circumstances 


74.  The  Confession  of  Children       .... 

75.  The  Confession  of  Young  Unmarried  People  . 


561 
575 


CONTEXTS  15 

PAGE 

76.  The  Confessor  as  Adviser  in  the  Choice  of  a  State  of  Life      .         .  583 

77.  Betrothal  and  Marriage    .........  592 

78.  The  Confessor's  Attitude  toward  Mixed  Marriages         .        .        .  600 

79.  How  to  deal  with  Penitents  joined  in  "Civil"  Marriage  only         .  007 

80.  The  Confessor's  Conduct  toward  Women         .....  608 

81.  The  Confessions  of  Men 614 

82.  The  Confession  of  Nuns .         .618 

83.  The  Confession  of  Priests 624 

CHAPTER   III 
Penitents  in  Extreme  Danger 

84.  The  Importance  of  the  Priest's  Ministry  at  the  Bedside  of  the  Sick 

and  the  Dying 630 

85.  The  Confessions  of  the  Sick 63"2 

86.  Absolution  of  the  Dying 645 

Topical  Index 655 


THEORY  AND  PRACTICE  OF  THE  CONFESSIONAL 

Part  I 

PENANCE  AS  A    VIRTUE  AND  AS  A   SACRAMENT 

1.    The  Virtue  of  Penance. 

At  all  times  penance  has  been  the  necessary  means  {necessi- 
tate medii  ad  salutem)  of  obtaining  pardon  for  those  who  had 
committed  mortal  sin.  "If  we  do  not  do  penance,  we  shall  fall 
into  the  hands  of  the  Lord,"  is  the  warning  of  the  Old  Testament 
(Ecclus.  ii.  22).  And  when  God  sent  His  prophets,  it  was  to 
arouse  men  to  repentance  by  the  announcement  of  His  wrath, 
and  threatening  punishments.  The  forerunner  of  Our  Lord 
solemnly  exhorts  the  assembled  crowds,  "Do  penance;  the  king- 
dom of  heaven  is  at  hand."  Our  Lord  Himself  insists  on  the 
same  point  with  awful  determination,  "  Unless  you  do  penance 
you  shall  all  likewise  perish"  (Luke  xiii.  3).  He  proclaims  as  the 
task  of  His  own  public  ministry  and  the  great  mission  of  His 
Church,  "to  call  sinners  to  repentance"  (Luke  v.  32).  Accord- 
ingly, the  burden  of  the  Apostles'  preaching  was,  "Do  penance" 
(Acts  ii.  38),  for  "God  hath  also  to  the  gentiles  given  repentance 
unto  life"  (Acts  xi.  18). 

Thus  penance  is  indispensable  to  the  sinner  by  divine  ordi- 
nance, as  the  Council  of  Trent  expressly  teaches  (Sess.  xiv.  c.  1). 
It  is  not  less  clearly  dictated  by  natural  law.  "For  reason 
prompts  man  to  do  penance  for  the  sins  which  he  has  com- 
mitted; but  divine  command  determines  the  manner  according 
to  which  it  is  to  be  performed."  1 

Taken  in  its  widest  sense,  penance  may  be  defined  as  a  regret 
for  some  past  action.     Such  a  regret  is  not  necessarily  virtuous, 

i  S.  Tli.  S.  Theol.  III.  Q.  84,  art.  7  ad  7. 

17 


18      PENANCE    AS    A     VIRTUE    AND    AS    A    SACRAMENT 

for  a  morally  indifferent  or  even  a  good  action  may  be  to  us  a 
source  of  displeasure  and  grief.  But  even  in  its  restricted  mean- 
ing, denoting  grief,  on  account  of  some  bad  action,  penance  does 
not  yet  include  the  idea  of  virtue.  Grief  is  caused  by  the  per- 
ception of  anything  we  look  upon  as  an  evil.  Now  sin  maybe 
regarded  as  an  evil  in  more  than  one  way.  Then  only  does  our 
penance  rise  to  the  height  of  a  virtue,  if  we  feel  sorry  for  our  sins, 
not  by  reason  of  some  temporal  disadvantage  we  have  incurred, 
but  for  God's  sake,  whose  holy  law  we  have  transgressed  and 
whose  majesty  we  have  outraged.  In  other  words,  the  virtue 
of  penance  requires  that  we  detest  sin  as  an  evil  of  a  higher, 
supernatural  order. 

Penance  is  not  a  virtue  of  its  own  and  specifically  distinct 
from  other  virtues.  St.  Thomas  considers  it  as  belonging  to 
the  virtue  of  justice,  because  by  it  we  perforin  an  act  of  justice 
toward  God,  since  we  restore  to  Him  the  honor  of  which  sin 
has  deprived  Him,  and  make  reparation  for  our  wrongdoings.2 
Apparently,  it  springs  from  the  virtue  of  religion,  as  an  effect 
thereof;  for  to  detest  one's  sin  as  an  injustice  done  to  God  im- 
plies an  acknowledgment  of  His  sovereign  goodness  and  majesty. 
This  submission  to  God  is  an  act  of  the  virtue  of  religion.3 
Furthermore,  Lehmkuhl 4  is  right  in  attaching  the  act  of  penance 
to  virtues  of  different  species.  For  sin,  being  in  many  ways  an 
evil  and  opposed  to  holiness  and  duty,  may  be  deplored  from 
different  reasons;  and  so  our  penance  belongs  to  that  virtue 
which  supplies  the  motive  of  sorrow.  Thus,  a  sinner  may  loathe 
his  impurity  from  a  love  of  purity,  his  intemperance  from  a  love 
of  temperance,  his  pride  from  a  love  of  humility;  he  may  also 
abhor  sins  because  they  are  repugnant  to  more  general  virtues, 
such  as  the  love  of  God  and  gratitude  toward  God.5 

*  S.  Tli.  S.  Theol.  II I.  Q.  85.  art,  3  ad  3. 

a  Cf.  Mailer,  Theol.  Mor.  Lib.  HI.  Tit,  II.  §  106. 

4  Theol.  Mor.  Tom.  II.  §  1,  De  Poenit,  n.  251;  cf.  Palmieri,  Tract.de 
Poenit.  (Rome,  1870),  p.  18  et  seq. 

5  While  theologians  are  united  in  admitting'  a  virtus  generalis  poenitentia 


The  virtue  of'  penance  19 

The  virtue  of  penance,  thus  being  a  complete  destruction  of 
all  affection  to  sin,  has  an  intimate  bearing  on  the  Sacrament 
of  Penance.  It  is  the  disposition  required  on  the  part  of  the 
sinner,  not  only  for  the  worthy,  but  also  for  the  valid  reception 
of  the  Sacrament.  It  represents,  so  to  speak,  the  matter  of  the 
Sacrament,  so  that  without  it  the  Sacrament  is  null  and  void. 
Consequently,  it  enters  as  a  constituent  part  into  the  very 
essence  of  the  Sacrament. 

The  most  important  act  of  the  virtue  of  penance  is  an  act  of 
the  will  and  is  called  contrition.  It  is  contrition  that  gives 
birth  to  penance,  vivifies  and  animates  it.  Without  contrition, 
there  is  no  remission  of  sin ;  for  it  alone  leads  to  a  sincere  avowal 
of  our  guilt  and  a  meritorious  satisfaction. 

The  second  act  of  penance  is  the  confession  of  sin :  it  is 
penance  exercised  by  speech.  Justice  exacts  that  the  guilty 
should  acknowledge  their  wickedness,  and  also  make  amends  for 
the  sins  committed  by  words.  The  third  act  of  penance  is  sat- 
isfaction in  expiation  of  our  misdeeds.  The  bad  deed  is  com- 
pensated by  some  good  action,  which  we  are  not  bound  to  do, 
but  which  we  perform  in  order  to  supply  for  our  past  deficiencies. 
This  is  penance  in  deed. 

These  three  acts  of  penance  are  most  intimately  connected 
with  the  Sacrament,  and  this  union  imparts  to  them  a  special 
efficacy  and  strength;  for  the  imperfect  virtue,  which  of  itself 
is  unable  to  effect  justification,  by  its  elevation  to  sacra- 
mental dignity  acquires  the  power  of  conferring  sanctifying 
grace.6 

having  its  own  material  and  formal  object,  they  fail  to  agree  on  the  definition 
of  the  formal  object.     Cf.  Snarez,  Lugo,  and  more  especially  Palmieri,  1.  c. 

6  Cf.  S.  Th.  Hi.  Q.  85  et  seq.  d(  pcenitentia  secundum  quod  est  virtus, 
Suarez,  Ue  Sacramento  Poenitenthr  Disp.  per  2  Sectionos.  de  pcenitentia  in  cow- 
muni;  Lugo,  De  Sacramento  PoenitentisD,  P.  E. pp.  1-44  (Romae,  1879);  Midler, 
Theol.  Mor.  Lib.  III.  Sect.  100 ;  Lehmkuhl,  Theol.  Mor.  Tom.  II.  Tract. 
V.  De  Sacr.  Poenit.  Sect.  1 ;  Aertnys,  Theol.  Mor.  Lib.  VI.  Tract.  V.  I  >e  Pcenit. 
Pars  I. 


20      PENANCE    AS    A     VIRTUE    AND    AS   A    SACRAMENT 

2.    The  Sacrament  of  Penance. 

The  arguments  for  the  existence  of  the  Sacrament  of  Penance 
do  not  form  part  of  our  task;  they  come  within  the  scope  of 
dogmatic  theology.  We  shall  only  point  out  some  theological 
propositions  on  which  our  subsequent  dissertations  are  based. 

1.  Jesus  Christ  gave  to  His  apostles  and  their  successors  in 
the  holy  ministry  the  power  of  forgiving  and  retaining  sins  com- 
mitted after  Baptism. 

2.  This  power  is  judicial  and  is  exercised  in  the  form  of  a 
judicial  process.  On  this  evident  deduction  from  the  words  of 
the  institution  is  based  the  entire  Catholic  teaching  concern- 
ing the  Sacrament  of  Penance. 

3.  The  exercise  of  this  judicial  power  constitutes  a  Sacra- 
ment, the  object  of  which  is  to  reconcile  the  sinner  to  his 
God. 

4.  The  outward  sign  of  the  Sacrament  is  the  exercise  of  the 
judicial  functions;  this  comprises,  on  the  one  hand,  the  acts  of 
the  penitent, —  contrition,  confession,  and  satisfaction;  and  on 
the  other,  the  priestly  absolution,  being  the  sentence  delivered 
by  the  representative  of  God. 

5.  The  grace  conferred  by  the  Sacrament  is  the  remission  of 
all  sins,  embracing  the  effacement  of  the  guilt,  the  obliteration 
of  the  eternal  punishment,  and  the  condonation  of,  at  least,  a 
portion  of  the  temporal  punishment.  This  remission  of  sin  is 
accomplished  by  the  infusion  of  sanctifying  grace,  which,  more- 
over, constitutes  a  title  to  certain  actual  graces,  helping  the 
penitent  to  bring  forth  worthy  fruits  of  penance,  to  overcome 
temptation,  to  avoid  relapse,  and  to  amend  his  life. 

At  the  same  time  the  infused  virtues  are  restored  and  the 
merits  of  former  good  works  lost  by  sin  are  regained. 

On  zealous  penitents,  besides,  special  gifts  are  bestowed,  such 
as  peace  of  heart,  cheerfulness  of  mind,  and  great  spiritual  con- 
solation. 


THE    SACRAMENT    OF   PENANCE  21 

Though  the  Sacrament  of  Penance  is  administered  after  the 
fashion  of  a  judicial  trial,  still  its  administration  deviates  in 
many  points  from  the  customs  of  forensic  practice.  The  chief 
points  of  divergence  are  the  following :  — 

1.  The  aim  which  the  secular  judge  has  in  view  is  to  convict 
the  criminal,  and  by  the  infliction  of  a  penalty,  proportioned  to 
the  nature  and  the  greatness  Of  the  crime,  to  restore1  the  order 
of  justice  violated  by  the  offense;  the  acquittal  of  the  innocent- 
is  only  a  secondary  consideration.  The  sacramental  judge,  on 
the  contrary,  reestablishes  the  relations  between  God  and  man, 
destroyed  by  sin,  not  so  much  by  imposing  a  punishment,  as  by 
effecting  a  reconciliation.  His  chief  preoccupation  is  the  indi- 
vidual welfare  of  the  penitent ;  the  verdict,  therefore,  is  a  sentence 
of  absolution  and  release  from  guilt;  however,  the  sinner  must 
perform  a  certain  penance,  to  be  determined  by  the  confessor. 

2.  It  follows  from  this  that  the  final  sentence  in  the  tribunal  of 
penance,  by  which  the  case  is  decided,  is  always  one  of  acquittal. 
Any  other  sentence  passed  in  the  sacramental  court  is  only  inter- 
mediate, amounting  to  a  temporary  postponement  of  absolution. 

3.  In  the  ordinary  session  of  justice,  besides  the  judge  and 
the  accused,  we  find  a  prosecutor,  witnesses,  and  pleaders.  In 
the  sacramental  court  there  are  only  the  judge  and  the  sinner, 
who  is  his  own  prosecutor,  pleading  guilty.  The  proceedings 
are  shrouded  in  perfect  secrecy.  The  bench  cites  the  criminal 
against  his  will,  and  holds  him  by  force;  at  the  confessional, 
the  sinner  presents  himself  of  his  own  free  will.  The  spiritual 
judge  must  credit  the  account  of  the  penitent,  be  it  in  his  favor 
or  disfavor,  since  he  alone  can  bear  witness  to  the  state  of  his 
conscience.  Only  when  there  is  moral  certainty  of  the  opposite, 
may  the  priest  distrust  the  statements  of  the  sinner.  On  the 
contrary,  the  ordinary  judge  has  the  right  to  reject  any  plea 
advanced  by  the  criminal.7 

7  Cf.  S.  Tli.  Quodl.  T.  a.  12;  S.  Mph.  Theol.  Mor.  Lib.  VI.  n.  GOO  s. ; 
Lehmkuhl,  1.  c.  n.  255;  Miiller,  1.  c.  Sect.  107,  in  I'm-'. 


22     PENANCE    AS    A     VIRTUE    AND    AS    A    SACRAMENT 

3.   Necessity  of  the  Sacrament  of  Penance. 

The  Council  of  Trent  declared  in  its  fourteenth  session,  with 
regard  to  this  point:  "The  Sacrament  of  Penance  is  as  neces- 
sary to  those  who  have  incurred  mortal  sin  after  baptism,  as 
baptism  itself  is  to  those  who  are  not  yet  regenerated."8  It 
follows  from  this  teaching  of  the  Council  that,  since  Baptism  is 
indispensable  to  eternal  salvation,  penance  is  equally  necessary. 
To  use  the  exact  language  of  theologians,  it  is  necessary  in  re 
vel  saltern  in  voto.  Which  means  that  those  who  can  actually 
receive  the  Sacrament  are  bound  to  have  recourse  to  it  in  order 
to  be  freed  from  their  sins;  but  that  those  for  whom  the  recep- 
tion of  this  Sacrament  is  for  any  reason  impossible,  will  be 
cleansed  from  their  sins  by  the  desire  of  receiving  it.  This 
desire  is  always  included  in  perfect  contrition.9 

For  when  Our  Lord  granted  to  His  apostles  the  power  of  for- 
giving or  retaining  sins,  and  thereby  instituted  the  Sacrament 
of  Penance  for  the  remission  of  grievous  sin,  committed  after 
Baptism,  He  evidently  asserted  it  to  be  His  will  that  the  sinner 
should  be  subjected  to  the  power  of  the  keys  by  the  reception 
of  this  Sacrament,  the  latter  thus  becoming  a  necessary  means 
of  obtaining  pardon  for  grievous  sin  committed  after  baptismal 
regeneration.  The  power  of  the  keys  vested  in  the  apostles 
and  their  successors  would  be  a  useless  gift  if  the  faithful,  with- 
out submitting  to  that  power,  could  be  released  from  their  sins 
and  gain  the  heavenly  kingdom.  The  more  so,  as  the  priest 
possesses  also  the  power  of  retaining  sins;  a  power  unfavora- 
ble to  the  sinner;  but  which  the  sinner  could  elude  if  the  Sac- 
rament of  Penance  had  not  been  made  a  necessary  means  of 
forgiveness.  Nor  would  the  sinner  undergo  the  inconveniences 
connected  with  the  reception  of  the  Sacrament  of  Penance,  if 

8  Trid.  Sess.  XIV.  cp.  2. 

9  Cf.  S.  Th.  Quodl.  T.  a.  12;  S.  Alph.  Theol.  Mor.  Lib.  VII.  n.  600  s/ 
Lehmknhl,  1.  c.  n.  255;  Miiller,  1.  c.  Sect.  107,  in  fine. 


NECESSITY    OF    THE    SACRAMENT    OF    PENANCE         23 

he  were  not  persuaded  of  Christ's  precept,  imposing  the  Sacra- 
ment of  Penance  as  a  means  of  reconciliation.     Venial  sins, 

however,  are  forgiven  without  reference  to  the  Sacrament  of 
Penance,  as  we  shall  show  in  another  place.10 

Thus,  by  divine  precept,  all  who  have  incurred  mortal  sin 
after  Baptism  are  bound  to  receive  this  Sacrament.  The  obli- 
gation is  absolute  (perse)  in  danger  of  death;  for,  in  this  case, 
the  reception  is  necessary.  Hence  those  are  bound  who  are 
suffering  of  a  dangerous  disease ;  a  mother  before  her  first  con- 
finement, or  before  any  subsequent  birth,  if  her  travails  are  of 
an  especially  alarming  nature;  a  criminal  sentenced  to  death, 
before  his  execution;  and  any  one  foreseeing  the  lack  of  another 
opportunity  for  his  whole  life  of  making  a  confession. 

There  are  other  times  in  the  course  of  our  life  when  the  obli- 
gation of  confession  becomes  actual  and  pressing;  the  Church, 
acting  according  to  the  intentions  of  Christ,  has  specified  these 
occasions  more  particularly.  For  the  Sacrament  was  not  insti- 
tuted merely  to  dispose  man  for  his  passage  from  this  life,  but 
also  to  heal  his  spiritual  infirmities,  to  shield  him  against  relapse 
into  sin,  and  to  strengthen  him  to  lead  a  virtuous  life.  Conse- 
quently, we  would  frustrate  the  object  of  the  Sacrament  if  we 
were  to  postpone  its  reception  to  the  hour  of  death. 

Per  accident  it  is  obligatory  to  receive  this  Sacrament:  (1)  for 
a  person  who  desires  or  is  bound  to  receive  holy  Communion, 
and  who  happens  to  be  in  a  state  of  mortal  sin;  (2)  when  the 
Sacrament  of  Penance  is  the  only  means  for  overcoming  a  temp- 
tation or  avoiding  grievous  sin;  (3)  when  any  one  feels  him- 
self incapable  of  making  an  act  of  perfect  contrition,  and  yet  is 
by  his  duties  required  to  be  in  a  state  of  grace;  for  instance, 
if  one  has  to  administer  a  Sacrament,  or  simply  because  one 
realizes  that  it  is  wrong  to  remain  in  a  state  of  enmity  witli 
God  for  any  considerable  period.11 

ln  See  Sect.  I.  p.  2'.). 

11  S.  Alph.  Lib.  VI.  mi.  662,  665;  Gury-Ball.  IT.  n.  166;   Ballerini,  Ant. 


24      PENANCE    AS    A    VIRTUE    AND    AS    A    SACRAMENT 

The  divine  precept  of  approaching  the  Sacrament  of  Penance 
does  not  urge  immediately  that  a  mortal  sin  has  been  committed, 
for  it  is  an  affirmative  command,  and  affirmative  precepts  do 
not  press  of  their  own  accord,  but  only  at  certain  times  and 
under  given  circumstances.  Besides,  the  Church's  precept  of  an 
annual  confession  for  all  the  faithful,  who  have  fallen  into  mor- 
tal sin,  proves  sufficiently  that  divine  law  does  not  enforce  con- 
fession immediately  after  committing  mortal  sin. 

The  precept  of  the  Church  concerning  the  Sacrament  of  Pen- 
ance binds  only  those  who  have  sinned  mortally.  For  the 
Church's  intention  is  merely  to  define  more  clearly  the  extent 
of  the  divine  command;  so  the  ecclesiastical  precept  does  not 
exceed  the  limits  of  the  divine  precept,  and  Christ  commanded 
only  that  mortal  sin  should  be  confessed.  Hence  one  who  has 
committed  no  mortal  sin  is  not  subject  to  the  law  of  the  Church 
prescribing  yearly  confession.  In  practice,  however,  the  ques- 
tion has  no  import;  for  which  of  the  faithful,  guilty  only  of 
venial  sin,  would  omit  to  go  to  confession  at  least  once  a  year, 
or  would  think  of  receiving  holy  Communion  without  previously 
having  confessed  ?  I2 

He  who  has  committed  a  mortal  sin,  but,  forgetting  all  about 
it,  confesses  only  venial  sins,  and  some  days  later  remembers 
again  the  mortal  sin,  is,  according  to  a  probable  opinion,  no 
longer  subject  to  the  precept  of  yearly  confession;    for,  since 

S.  J.  Opus  Theol.  Mor.  Vol.  V. ;  Tract.  X.  Sect.  V.  De  Sacram.  Poen.  cp. 
III.  n.  1025  ss. ;  Aertnys,  Theol.  Mor.  Lib.  VI.  n.  220. 

12  Such  is  the  teaching  of  nearly  all  the  moralists;  cf.  S.  Alph.  Lib.  VI. 
n.  0(57;  Gury,  I.  n.  478;  Scavini,  De  Sacram.  Pcenit.  n.  35.  St.  Thomas 
(Suppl.  Q.  6.  a.  3)  teaches  that  he  -who  has  only  venial  sins  to  confess, 
satisfies  the  precept  of  the  Church  if  he  presents  himself  to  the  priest  and 
declares  that  his  conscience  is  free  from  mortal  sin  ;  this  will  be  counted  as 
a  confession.  This  opinion  of  St.  Thomas  is,  however,  contradicted  by  a 
large  number  of  eminent  theologians,  —  St.  Antoninus,  Billuart,  Layman n, 
Lugo,  Suarez,  etc.,  —  who  appeal  to  the  Tridentine  decree  (Sess.  13.  cp.  •">)• 
which  says  in  respect  to  the  Lateran  decree  that  it  is  determinalivum  dwini 
prcecepti. 


NECESSITY    OF    THE    SACRAMENT    OF    PENANCE        25 

the  confession  was  valid,  the  mortal  sin  omitted  by  sheer  for- 
getfulness  is  forgiven;  and  there  only  remains  the  obligation  of 
submitting  the  forgotten  sin  to  the  power  of  the  keys  in  the 
next  confession.13 

For  the  same  reason  alleged  above,  the  law  of  the  Church 
extends  only  to  those  who  have  reached  the  age  of  discernment, 
and  whose  minds  are  sufficiently  developed  to  render  them  capa- 
ble of  sin.  It  is  impossible  "  to  fix  any  definite  limit  of  age  in 
this  matter.  Much  depends  on  the  child's  personal  gifts,  its 
training  and  education.  In  each  individual  case  the  moral 
maturity  of  the  child  must  be  gauged  by  its  general  accomplish- 
ments and  its  ways  of  acting.  During  the  ordinary  course  of 
religious  instruction,  the  pastor  will  find  ample  material  on 
which  to  base  a  decision;  in  case  of  doubt,  the  testimony  of 
the  parents  and  the  teachers  may  be  taken  into  account.15  Seven 
years  is  usually  assigned  as  the  age  at  which  children  of  average 
ability  and  proper  training  have  arrived  at  the  period  of  discre- 
tion which  enables  them  to  understand  the  malice  of  mortal  sin. 

Hence  it  becomes  a  duty  to  instruct  the  children  for  confes- 
sion when  they  have  reached  about  the  seventh  or  eighth  year, 
or,  according  to  circumstances,  even  earlier.  But  even  children 
of  an  inferior  age,  if  they  seem  to  have  sufficient  understanding, 
should  not  be  allowed  to  die  without  absolution,  though  it  be 
pronounced  only  conditionally.  Of  course,  the  priest  will  help 
them  to  elicit  the  necessary  acts  of  contrition  and  purpose  of 
amendment.  This  should  be  done  though  it  be  doubtful  that 
the  child  has  committed  a  sin  or  if  it  has  forgotten  the  sin  com- 
mitted. 

It  is  not  a  good  practice,  therefore,  to  defer  the  instruction  of 
children  on  this  Sacrament  to  their  ninth  year  or  later;  since  it 

13  Suarez  and  Laymann  teach  the  opposite.  Cf.  Scavini,  1.  c.  n.  35, 
nota  1. 

14  Cf  Decretum  Late  ran.  Concilii  IV.  cp.  21. 

15  See  Sect.  74,  Children's  Confessions. 


26      PENANCE    AS    A     VIRTUE    AND    AS    A    SACRAMENT 

does  an  injustice  to  the  more  intelligent  children.  Moreover,  in 
the  case  of  those  children  who  are  sick,  this  lack  of  early  prepa- 
ration is  apt  to  deprive  them  of  both  the  Sacrament  of  Penance 
and  Extreme  Unction,  which  is  a  serious  matter,  if  they  have 
been  capable  of  committing  mortal  sin.16 

The  precept  of  the  Church  imposes  annual  confession,  saltern 
semel  in  anno.  Beyond  this,  time  and  season  are  not  specified. 
Theologians  interpret  the  law  in  general  as  follows :  all  who  are 
conscious  of  mortal  sin  are  bound  to  confess  within  the  period 
between  January  1  and  December  31,  or,  what  practically 
amounts  to  the  same,  within  the  time  comprised  between  the 
Easter  of  one  year  and  the  Easter  of  the  following  year.  For, 
whoever  makes  his  confession  with  a  view  to  his  Easter  Com- 
munion, certainly  does  confess  within  the  limits  of  a  civil  year, 
though  the  earlier  or  later  date  of  Easter  may  make  the  inter- 
val elapsing  between  the  confessions  more  than  a  year. 

Since  the  precept  of  yearly  confession  refers  only  to  mortal 
sins,  the  common  teaching  of  theologians  is  that,  wrhosoever  has 
accused  himself  at  Easter  time  of  venial  sin  only,  but  falls  into 
mortal  sin  before  the  year  has  expired,  must  go  to  confession 
again  before  the  end  of  the  year,  in  order  to  fulfill  the  ecclesi- 
astical precept.17 

The  faithful,  however,  adds  Lehmkuhl,  should  be  exhorted 
never  to  put  off  the  reception  of  the  Sacrament,  or  at  least  the 
eliciting  of  an  act  of  perfect  contrition,  when  they  have  had  the 
misfortune  of  offending  God  grievously;  for  a  soul  in  the  state 
of  mortal  sin  is  in  a  most  deplorable  and  dangerous  condition. 
Still  we  are  not  authorized  to  insist  on  this  as  being  an  obliga- 
tion imposed  by  the  Church,  since  some  distinguished  theolo- 
gians maintain  the  contrary.18 

16  Lehmkuhl,  I.  Tract  VI.  n.  1202,  3. 

17  S.  Alph.  1.  c.  n.  669 ;  Gary,  1.  c.  n.  479 ;  Lehmkuhl,  1.  c.  n.  1204. 

18  S.  Thorn.  Suppl.  Q.  8,  art.  5  ad  4,  and  St.  Bonaventure,  Compend. 
Theol.  Lib.  VI.  cp  25,  Confess,  necessitas,  support  this  view  saltern  tacite- 
Cf.  Lehmkuhl,  1.  c.  n.  1204. 


NECESSITY    OF    THE    SACRAMENT    OF    PENANCE        27 

He  who  one  year,  whether  by  his  own  fault  or  not,  fails  to 
make  his  confession,  but  during  the  next  confesses  all  his  sins, 
satisfies  thereby  the  obligations  with  respect  to  both  years,  in  the 
case,  at  least,  when,  during  the  current  year,  he  has  committed 
a  mortal  sin  which  he  includes  in  his  confession ;  for  he  has  ful- 
filled the  precept  which  enjoins  reconciliation  with  God.  \^,  on 
the  contrary,  the  penitent  has  committed  only  venial  sins  in  the 
current  year,  and  confessed  them  along  with  the  mortal  sins  of 
the  previous  year,  and  later  on  falls  into  grievous  sin,  he  is 
obliged  to  make  another  confession  in  order  to  comply  with  the 
law  of  the  Church.19 

He  who  has  not  confessed  for  a  whole  year,  must,  according 
to  the  more  common  and  probable  opinion,  confess  as  soon  as 
possible;  because  the  Church  has  defined  the  period  for  fulfill- 
ing the  precept,  not  for  the  purpose  of  limiting  the  obligation 
to  a  determinate  date,  but  to  incite  men  to  perform  their  duty 
in  proper  time  (non  ad  finiendam  sed  ad  urgendam  obligationem). 
Hence,  a  man  would  sin  against  the  precept  as  often  as  he 
shirked  an  opportunity  of  making  the  neglected  confession, 
thereby  renewing  the  intention  not  to  obey  the  law.20 

He  who  has  sinned  grievously,  and  foresees  that  in  the  course 
of  the  year  he  shall  be  prevented  from  going  to  confession, 
must  avail  himself  of  the  presently  occurring  opportunity,  for 
in  these  circumstances  the  duty  of  confessing  is  actually  press- 
ing. 

The  precept  of  the  Church  prescribes,  moreover,  that  the 
faithful  confess  their  sins  sincerely  (fideliter).  By  a  bad  confes- 
sion we  cannot  discharge  our  duty.  This  was  distinctly  con- 
firmed by  Alexander  VII,  condemning  a  proposition  to  the 
contrary.     (Prop.  14.) 

19  Cf.  Scavini,  De  Sacram.  Poenit.  n.  30,  who  follows  Suarez,  Laymann, 
Lugo,  Salmanticenses,  etc.    Cf.  Lehmkuhl,  1.  c.  n.  1202. 

20  Lacroix,  De  prsecepto  Confess,  n.  2003;  S.  Alph.  1.  c.  n.  668;  Scavini, 
1.  c.  n.  36,  Q.  1;  Gury,  1.  c.  n.  478,  nota  3;  Lehmkuhl,  1.  c.  u.  1206. 


28      PENANCE    AS    A     VIRTUE    AND    AS    A    SACRAMENT 

A  further  provision  of  the  Lateran  decree,  to  confess  pro- 
prio  sacerdoti,  which  formerly  obliged  the  faithful  to  make 
their  annual  confession  to  their  own  parish  priest,  bishop,  vicar- 
general,  or  the  Pope,  has  long  been  abrogated  by  a  recognized 
universal  contrary  practice.  Confession  may,  therefore,  be 
made  to  any  priest  duly  authorized  by  the  bishop.21 

The  excommunication  for  the  violation  of  the  Church's  pre- 
cept of  annual  confession,  as  of  Paschal  Communion,  is  not  a 
poena  latce,  but  a  poena  ferendoe  sententiw. 

The  ardent  wish  of  the  Church  is  tLat  her  children  should 
confess  frequently  during  the  year.  This  is  apparent  from  the 
wording  of  the  law.  Frequent  confession  is  of  the  greatest  use- 
fulness to  all  without  exception,  to  the  sinner  as  well  as  the  just. 
It  destroys  the  evil  inclinations  born  by  sin  and  averts  its  terrible 
consequences. 

1.  Although,  absolutely  considered,  a  single  confession  made 
worthily  and  with  due  preparation  is  able  to  arrest  us  in  the 
downward  career  of  vice,  to  extinguish  the  long-nourished  flame 
of  passion,  to  correct  our  evil  inclinations  and  habits,  to  confirm 
us  in  grace,  and  to  insure  us  against  relapse ;  yet  this  is  not  the 
ordinary  course  of  things.  When  we  are  cleansed  from  our  sins 
by  the  Sacrament,  we  have  yet  to  face  a  long  struggle  with  the 
remains  of  sin;  for  the  wounds  inflicted  by  sin,  though  closed 
by  the  grace  of  absolution,  leave  us  in  a  weakened  condition, 
and  may  easily  reopen.  To  effect  a  perfect  cure  of  the  soul, 
and  to  purify  its  inclinations  and  habits,  there  exists  no  more 

21  Cf.  Bened.  XIV.  De  Syn.  dioec.  1.  II.  cp.  14,  1-5.  Hence  a  parish 
priest,  who  would  make  his  parishioners  confess  to  him,  is  guilty  of  sin, 
since  such  indiscreet  zeal,  or  unworthy  jealousy,  might  give  occasion  to 
sacrilegious  confessions.  Compare  what  St.  Thomas  (1.  c.  art.  4  et  5) 
wrote  even  before  it  was  allowed  to  confess  indifferently  to  any  priest 
having  faculties ;  that  a  priest  would  sin,  if  he  were  not  ready  to  give 
leave  to  any  individual  to  make  his  confession  to  another  priest.  It  was 
distinctly  understood  before  that  time  that  one  might  confess  to  any  priest 
who  had  been  authorized  by  the  proprius  sacerdos  to  hear  the  confession. 
Cf.  Midler,  1,  c.  Sect.  118,  n.  6-4;  Lehmkuhl,  1.  c.  n.  1205. 


FORGIVENESS    OF    VENIAL    SIN  29 

efficacious  means  than  frequent  confession.  It  leads  us  to 
greater  watchfulness  over  ourselves,  constitutes  an  act  of  hu- 
mility, forces  us  to  renew  our  good  resolutions;  it  equips  us 
with  many  special  graces,  intended  to  assist  us  in  our  spiritual 
warfare,  and  to  enable  us  to  persevere  in  the  paths  of  virtue  in 
spite  of  the  manifold  difficulties  which  we  encounter. 

2.  Frequent  confession  is  also  the  most  powerful  means  to 
counteract  the  disastrous  consequences  of  sin.  The  most  fatal 
of  these  are:  blindness  of  the  soul,  hardening  of  the  heart  and 
final  impenitence.  As  often  as  we  go  to  confession,  the  great 
salutary  truths  of  our  religion  are  recalled  to  our  mind.  We 
reflect  on  God  and  our  last  end,  on  Jesus  Christ  and  His  love 
and  mercy,  on  the  wickedness  and  the  dreadful  punishments  of 
sin,  on  our  august  duties,  and  on  God's  holy  law.  Frequent 
confession  is  an  antidote  against  the  hardening  of  the  heart, 
since  it  arouses  in  us  a  profound  hatred  of  sin,  love  for  God, 
fear  of  His  wrath,  and  the  desire  of  accomplishing  His  will. 
Finally,  as  at  every  confession  we  again  banish  sin  from  our 
hearts,  frequent  confession  is  the  best  preparation  for  a  penitent 
life  and  a  happy  death. 

Also  the  just  derives  great  benefits  from  frequent  confession; 
he  is  more  and  more  cleansed  from  the  lesser  faults,  committed 
daily ;  the  grace  and  love  of  God  are  increased  in  his  heart,  and 
special  helps  to  overcome  his  failings  and  weakness  are  granted 
to  him.  The  oftener  the  just  man  approaches  this  holy  Sacra- 
ment, the  more  fully  does  he  partake  of  its  peculiar  graces.22 

4.   Forgiveness   of  Venial  Sin. 

By  divine  and  ecclesiastical  precept  we  are  bound  only  to  con- 
fess mortal  sins;  there  is  no  obligation  to  confess  venial  sins;  these 
may  be  forgiven  without  receiving  the  Sacrament  of  Penance. 

22  Pauli  Segneri,  S.  J.,  Instructio  Poenitent.  cp.  XV :  Fructus  percept),  ex 
frequenti  confessione. 


30      PENANCE   AS    A    VIRTUE    AND    AS   A    SACRAMENT 

"Venial  sins,  by  which  we  are  not  shut  out  from  the  grace  of 
God  and  into  which  we  fall  more  frequently,  though  they  be 
rightly  and  profitably  declared  in  confession,  as  the  practice  of 
pious  people  demonstrates,  may  be  omitted  without  guilt,  and 
be  expiated  by  many  other  methods."  Such  is  the  teaching  of 
the  Council  of  Trent.23 

Before  enumerating  the  methods  by  which  venial  sins  can  be 
remitted  we  wish  to  observe :  — 

1.  The  most  necessary  condition  for  the  remission  of  any  sin, 
and  therefore  also  of  venial  sin,  is  contrition.  So  long  as  a  man 
is  attached  to  sin  and  does  not  detest  it,  God  cannot  forgive  it, 
for  He  is  infinitely  holy  and  just.  It  is  not,  however,  absolutely 
necessary  to  specify  the  sins  and  make  a  formal  act  of  sorrow 
for  them,  otherwise  David's  prayer  Ab  occultis  meis  munda  me 
(Ps.  xviii.  13)  would  be  useless  and  the  remission  of  forgotten 
sins  impossible.  Virtual  contrition  is  sufficient,  i.e.  the  sinner 
must  be  actually  contrite  for  all  his  sins,  and  from  universal  mo- 
tives which  apply  even  to  those  sins  of  which  he  is  unconscious 
or  which  he  has  forgotten.  He  must  also  have  the  intention  of 
including  in  that  contrition  all  the  sins  by  which  he  has  offended 
God.  Although  venial  sin  is  more  easily  forgiven  than  mortal, 
yet  this  forgiveness  is  impossible  without  at  least  a  virtual  con- 
trition for  it.  For  when  a  man  falls  into  venial  sin  he  turns 
inordinately  to  creatures,  not,  however,  as  in  mortal  sin,  by 
entirely  abandoning  God,  his  last  end,  and  unreservedly  giving 
himself  up  to  creatures.  This  attachment  to  creatures,  however, 
makes  it  necessary  that  he  should,  if  not  formally  and  explicitly, 
at  least  virtually  and  implicitly,  turn  away  from  them  and  com- 
bat this  guilty  affection  for  creatures  by  a  contrary  act  of  the 
will.  A  work  done  to  please  God,  or  a  mere  act  of  love  with- 
out abhorrence  of  sin,  does  not  remit  that  sin.  As  venial  sin 
may  coexist  with  the  general  habit  of  the  love  of  God,  so  it  may 
coexist  with  a  particular  act  of  that  love ;  for  a  man  can  make 

23  Sess.  XIV.  cp.  5. 


FORGIVENESS    OF    VENIAL    SIN  31 

an  act  of  perfect  love  or  even  an  act  of  perfect  contrition  and 
still  retain  a  leaning  toward  some  particular  venial  sin.21 

2.  Since  the  presence  of  venial  sin  is  compatible  with  that  of 
sanctifying  grace,  and  since  a  man  can  be  sorry  for  one  venial 
sin  without  being  necessarily  sorry  for  another,  it  follows  that 
one  venial  sin  may  be  forgiven  and  others  left  unforgiven. 

3.  A  penitent  who  is  burdened  with  both  mortal  and  venial 
sins  may  by  perfect  contrition  or  the  Sacrament  of  Penance  be 
freed  from  his  mortal  sins  and  yet  be  left  with  his  venial  sins 
still  upon  him  because  he  is  hot  sorry  for  these. 

4.  Hence,  if  a  man  is  in  the  state  of  mortal  sin,  his  venial 
sins  cannot  be  remitted  without  the  mortal  sin  being  at  the 
same  time  forgiven;  for  God  cannot  forgive  one  who  will  not 
acknowledge  and  love  Him  as  Lord  and  God ;  and,  according  to 


24  Cf.  S.  Th.  De  Malo,  Q.  7,  art.  12  ad  4,  and  Summa  Theol.  TTT.  Q.  87,  art. 
1.  St.  Thomas  demands  for  the  forgiveness  of  mortal  sin  a  perfectior  pozni- 
h  ntia,  that  is,  that  a  man  actually  detest  his  mortal  sins  so  far  as  he  can ; 
sed  non  hoc  requiritur  ad  remissionem  venialium  peccatorum;  non  tamen  sufficii 
habitualis  displicentia  quae  habetur  per  habilum  caritatis,  vel  pcenitentia  virtutis, 
quia,  sic  caritas  non  compateretur  peccatum  veniale,  quod  pat et  esse  falsum.  .  .  . 
Hence  follows,  continues  the  holy  Doctor,  that  there  is  required  a  virtualis 
displicentia,  puta  cum  aliquis  lioc  modo  fertur  secundum  affectum  in  Deum  et 
res  divinas,ut,  quidquid  sibi  occurreret,  quod  eum  ah  hoc  motu  retardaret,  dis- 
pliceret  ei  el  doleret  se  commississe,  etiamsi  aci'u  de  Mo  non  cogitaret,  quod  tamen 
non  sufficit  ad  remissionem  peccati  mortalis  nisi  quantum  ail  peccata  oblita  post 
diligentem  inquisitionem.  III.  Q.  87,  art.  1.  Scavini,  1.  c.  n.  13.  There  is 
an  apparent  opposition,  but  it  is  only  apparent,  between  this  teaching  of  St. 
Thomas  and  that  of  Suarez  (Disp.  II.  Sect.  3.  n.  8  sq.  in  Sum.  III.  Q.  87, 
art.  2)  and  other  theologians,  who  hold  that  venial  sins  can  be  forgiven 
without  formal  contrition  by  an  act  of  supreme  love  of  God.  For  Suarez 
distinguishes  a  twofold  perfection  in  this  love,  an  objective  secundum  exten- 
sionem  ad  venialia  peccata,  and  an  intensive  ex  conatu  potential.  Only  the 
objective  love  which  extends  to  venial  sin  is,  according  to  this  learned  theo- 
logian, able  to  atone  for  venial  sin,  because  it  implies  an  aversion  of  the  will 
from  sin  in  consequence  of  that  love.  Hence,  it  will  effect  the  remission  of 
all  venial  sins  quoad  culpam  if  it  extends  virtually  to  all,  or  of  some  only,  in 
so  far  as  these  are  affected  by  the  act  of  love.  This  aversion  of  the  will 
from  sin  is  nothing  else  than  a  virtualis  displicentia;  in  other  words,  contri- 
tion. 


32      PENANCE   AS    A    VIRTUE    AND    AS    A    SACRAMENT 

the  doctrine  of  St.  Thomas,  just  as  mortal  sin  is  forgiven  by  the 
influx  of  sanctifying  grace,  so  the  remission  of  venial  sin  is  de- 
pendent on  a  movement  of  grace  or  love,  which  therefore  must 
be  actually  present.25 

Venial  sins  are  forgiven :  — 

1.  By  the  Sacrament  of  Penance,  and  that  directly  and  ex 
opere  operato,  when  they  are  submitted  in  confession  to  the 
power  of  the  keys  with  formal  contrition  and  purpose  of  amend- 
ment. 

2.  "  By  many  other  means,"  26  such  as :  — 

(a)  All  the  Sacraments;  they  remit  sins  ex  opere  operato,  and 
especially  those  sins  which  are  opposed  to  the  particular  end  of 
the  Sacrament.  For  the  object  of  every  Sacrament  is  the  sanc- 
tification  of  souls,  and  hence  the  removal  of  all  that  hinders 
this  sanctification.  Now  venial  sins  in  particular,  by  hindering 
the  conferring  of  richer  graces,  are  an  obstacle  in  the  way  of 
attaining  sanctity.  Cardinal  Lugo,  in  treating  this  subject,  illus- 
trates it  by  the  attitude  of  two  friends:  "Even  where,  in  the 
strict  nature  of  things,  we  cannot  expect  that  the  influx  of  grace 
should  cause  the  remission  of  sins,  yet  it  is  in  accordance  with 
good  feeling  that  where  fresh  and  closer  ties  of  friendship  have 
been  formed,  little  offences  should  be  condoned.  If,  then,  the 
influx  or  increase  of  grace  is  a  new  bond  of  friendship  between 
God  and  the  just  man,  uniting  him  more  intimately  with  God, 
an  embrace  of  love,  so  to  speak,  and  a  kiss  of  peace,  it  is  prob- 
able and  reasonable  to  suppose  that  there  is  granted  also  a  re- 
mission of  the  smaller  sins  which  have  been  retracted."  27 

It  is  always,  however,  necessary  and  sufficient  to  elicit  at 
least  a  virtual  or  implicit  contrition,  contained  in  a  pious  and 
supernatural  affection  toward  God,  which  is  opposed  to  venial 

25  Cf.  III.  Q.  87,  art.  4  et  2.  On  the  diverging  views  of  Scotus  and 
Durandus,  compare  Suarez,  De  Sacram.  Poenit.  Disp.  II.  Sect.  2,  n.  2. 

26  Trid.  Sess.  XIV.  cp.  5. 

27  Disp.  IX.  Sect.  3,  n.  53. 


FORGIVENESS    OF    VENIAL    SIN  83 

sins,  and  is  consequently  a  virtual  horror  and  retraction  of  the 
same.28 

Not  all  the  Sacraments,  however,  effect  this  forgiveness  in  the 
same  manner.  Next  to  the  Sacrament  of  Penance,  Baptism 
and  Extreme  Unction  have  a  peculiar  power,  because  they  were 
instituted  by  Christ  for  the  very  purpose  of  forgiving  sins.  It 
an  adult  who  had  been  purified  of  original  sin  and  of  his  mortal 
sins  by  perfect  love  and  contrition  (the  Baptism  of  desire),  but, 
on  account  of  his  attachment  to  venial  sins,  was  not  yet  freed 
of  these,  were  to  receive  Baptism,  all  his  venial  sins  for  which 
he  had  at  least  virtual  contrition  would  be  forgiven  through 
this  Sacrament.  For,  according  to  the  teaching  of  the  Council 
of  Trent,  Baptism  effects  a  new  birth,  and  in  consequence  the 
remission  of  sins,  with  the  exception,  of  course,  of  those  venial 
sins  which  the  newly  baptized  person  has  not  yet  renounced.29 

Of  Extreme  Unction  the  Council  of  Trent,  referring  to  James 
v.  15,  teaches  that  it  forgives  the  sins  which  defile  the  soul,  and 
removes  the  remains  of  sin.30 

With  respect  to  the  Holy  Eucharist  the  same  Council 31  de- 
clares that  although  the  forgiveness  of  sin  is  certainly  not  the 
principal  fruit  of  this  Sacrament,  yet,  in  accordance  with  our 
Lord's  commands,  we  should  receive  it  in  order  thereby  to  be 
freed  from  our  daily  trespasses  and  strengthened  against  mortal 
sin. 

Hence  there  is  no  doubt  that  the  Holy  Eucharist  removes 
venial  sins.  But  theologians  do  not  agree  how  it  produces  this 
effect  —  whether,  as  in  the  case  of  the  three  preceding  Sacra- 
ments, immediately,  ex  opere  operate,  or  only  mediately,  ex 
opere  operantis.     The  champions  of  both  views  appeal  to  St. 


28  Cf.  S.  Th.  ITT.  Q.  87,  art.  1  et  3. 

29  Cf.  Trid.  Sess.  V.  Deer,  de  peccato  orig.  n.  5;  Sess.  XIV.  de  poen.  cp. 
3;  S.  Th.  TIT.  Q.  86,  art,  2  ad  1. 

80  Sess.  XTV.  de  Extr.  Unct.  cp.  2,  can.  2. 

81  Sess.  XTII.  can.  5  et  cp.  2. 


34      PENANCE   AS    A     VIRTUE    AND    AS    A    SACRAMENT 

Thomas,  who  on  the  one  hand  teaches  that  the  Holy  Eucharist 
acts  after  the  manner  of  bodily  food,  repairing  what  in  the  heat 
of  concupiscence  we  have  lost  by  vernal  sin,  and  on  the  other 
hand  declares  the  peculiar  grace  (res  sacramenti)  of  this  Sacra- 
ment to  be  caritas,  and  that  not  only  quantum  ad  habitum  sed 
etiam  quantum  ad  actum;  in  other  words  charity  is  elicited  in  this 
Sacrament,  and  through  its  operation  venial  sins  are  forgiven.32 

Suarez  interprets  St.  Thomas  as  teaching  that  the  Holy  Eu- 
charist effects  the  remission  of  venial  sins  ex  opere  o pernio,  and 
this  interpretation  would  seem  to  have  the  preference  over  that 
of  theologians  who,  with  St.  Alphonsus,  insisting  on  the  words 
just  quoted,  hold  that  the  Sacrament  of  the  Eucharist  works  ex 
opere  operands.33 

The  three  remaining  Sacraments,  of  Confirmation,  Orders,  and 
Marriage,  do  not  so  directly  imply  forgiveness  of  vernal  sin ;  still 
they  pour  into  the  soul  of  the  recipient  a  new  grace,  and  so  they, 
too,  must  be  considered  as  remitting  venial  sins  when  no  obsta- 
cle is  put  in  the  way.34  The  range  of  this  power  varies  accord- 
ing as  the  grace  conferred  in  the  Sacrament  is  more  or  less 
opposed  to  some  particular  sin  or  kind  of  sins.  The  most  effi- 
cacious of  the  last-named  Sacraments  in  eliminating  venial  sin 
is  that  of  Confirmation,  because  its  influence  extends  to  the 
whole  life  of  faith  and  grace,  strengthening  and  bringing  it  to 
perfection.35  Holy  Orders  give  grace  to  the  recipient,  so  that 
he  may  attain  the  holiness  and  perfection  that  befit  his  state, 
and  in  consequence  they  also  purify  from  sin.36  Finally,  Mat- 
rimony remits  venial  sins  because  it  confers  the  grace  by  which 
concupiscence  is  curbed  and  restrained,  and  by  which  the  recipi- 
ents are  enabled  to  fulfil  their  duties  of  mutual  sanctification. 

32  III.  Q.  79,  art.  4. 

33  Suarez,  Comment,  ad  III.  Thomae,  Q.  79,  art.  4.     Cf.  Disputatio  G3, 
Sect.  10,  ri.  1. 

34  Cf.  S.  Thorn.  Q.  87,  art.  2  et  3. 

35  Cf.  S.  Thorn.  Q.  72,  art.  7  ad  2. 

86  Cf.  S.  Thorn.  Suppl.  Q.  •_'<;,  art.  1  et  3. 


FORGIVENESS    OF    VENIAL    SIN  35 

(b)  Venial  sins  arc  likewise  removed  by  the  holy  sacrifice  of 
the  Mass,  which  of  its  own  nature  is  a  sacrifice  of  atonement,  a 
sacrificium  vere  propitiatorium?1  It  works  this  forgiveness,  as 
theologians  teach,  per  modum  impetrationis,  therefore  medial  civ, 
by  obtaining  for  the  sinner  from  God  the  grace  of  contrition  or 
other  virtues,  excluding  affection  for  sin.38 

(c)  The  sacramentals  also  destroy  venial  sins.  "By  the  use 
of  the  sacramentals  the  faithful  confess  and  awaken  their  faith, 
hope,  reverence  for  God,  a  longing  for  interior  holiness  and  sin- 
lessness,  or  a  horror  of  sin,  and  sorrow  for  past  offences.  The 
symbols  blessed  or  used  by  the  Church  confer  a  grace  which 
produces  or  strengthens  desires  and  acts  of  different  virtues, 
which  in  turn  destroy  venial  sin  and  atone  for  it."  39  Hence  a 
sacramental  possesses  power  of  remitting  sin  in  proportion  as 
its  character  and  the  blessing  of  the  Church  cause  it  to  excite 
or  strengthen  acts  of  virtue  in  the  faithful.  The  Church  has  a 
sacramental  especially  designed  for  the  remission  of  venial  sins, 
and  makes  use  of  it  on  those  occasions  when  the  faithful  need 
greatest  purity  of  heart.  It  consists  of  the  two  prayers:  Mis- 
ereatur  vestri,  etc.,  and  Indulgent  inn,  absolutionem,  etc.40  To 
these  we  may  add  the  use  of  holy  water,  which,  in  accordance 
with  the  intention  and  prayers  of  the  Church  when  she  blesses 
it,  is  designed  to  ward  off  the  devil's  influence  from  animate 
and  inanimate  creatures  and  to  protect  them  from  impurity, 
sickness,  and  harm.41  The  effect  of  the  other  sacramentals  in 
procuring  remission  of  venial  sins  is  not  so  direct.  The  more 
they  are  of  their  own  nature  suited  to  awaken  contrition,  and 
the  more  directly  the  intention  in  the  use  of  them  is  directed  to 


37  Trid.  Sess.  XXIT.  de  Sacrif.  Missa?,  cp.  2. 

38  Cf.  S.  Alph.  Lib.  VI.  n.  311. 

39  Tappehorn,  Die  liissliche  Siinde,  p.  55. 

40  Some  theologians  attribute  to  these  two  prayers  an    effect  ex  opere 
operate.     Suarez,  Disp.  12,  Sect.  2,  n.  6. 

41  Cf.  S.  Thorn.  III.  Q.  87,  art.  :\. 


36      PENANCE    AS    A     VIRTUE    AND    AS    A    SACRAMENT 

the  cleansing  from  sin,  so  much  the  more  effectual  are  they  in 
this  respect.42 

(d)  Contrition  by  itself  also  procures  the  remission  of  venial 
sins,  and  more  especially  when  it  is  perfect  (contritio),  since,  then, 
it  destroys  mortal  sin  and  is,  therefore,  still  more  efficacious  in 
the  case  of  venial.  Perfect  contrition  removes  all  venial  sins  if 
it  is  universal,  that  is  to  say  if  it  extends  to  all  venial  sins,  or  if 
a  man  is  disposed  never  more  to  commit  venial  sin  and  would 
be  sorry  for  all  his  past  sins,  if  they  were  present  to  his  mind. 
On  the  other  hand,  an  act  of  perfect  contrition  does  not  remit 
all  venial  sins,  if  it  extends  only  to  this  or  that  particular  venial 
sin,  or  if  a  person  is  disposed  to  avoid  only  one  or  qther  of  his 
venial  sins.43 

According  to  the  teaching  of  the  more  numerous  and  distin- 
guished theologians,  even  imperfect  contrition  remits  venial 
sins;  this  imperfect  contrition  (attritio)  must  spring  from  some 
supernatural  motive  referring  to  God  —  such  for  instance  as  the 
thought  that  venial  sin  is  a  violation  of  the  obedience  or  rever- 
ence due  to  God.44  By  attritio  the  affection  toward  sin  is  en- 
tirely uprooted  and  the  will  is  withdrawn  from  the  sin,  man 
turns  again  to  God  as  his  last  end,  and  expiates  his  fault  by  his 
sorrow.45 

(e)  Moreover,  the  "love  of  God  above  all  things"  remits 
venial  sins  if  it  is  actual  and  formally  or  virtually  opposed  to 
vepial  sin.46 

(/)   Lastly,  venial  sins  are  forgiven  by  good  works  done  from 


42  Cf .  MUller,  1.  c.  Sect.  110,  II.  n.  4. 

43  Cf.  S.  Thorn.  III.  Q.  87,  a.  2 ;  S.  Bonaventure,  In  IV.  Sent.  Dist.  20. 
P.  1,  a.  1,  Q.  2  ad  3. 

44  Cf .  Lugo,  De  Sacram.  Poenit.  Disp.  IX.  Sect.  2,  n.  29  et  seq. ;  Suarez, 
Disp.  XI.  Sect.  3 ;  Ripalda,  De  Ente  Supernaturali,  Tom.  II.  Lib.  IV.  Disp. 
97,  Sect.  4  (Ed.  nova,  Parisiis,  1870). 

45  For  the  arguments  of  those  who  oppose  this  teaching,  see  Suarez,  Disp. 
XI.  Sect.  3,  n.  5 ;  Gury,  I.  n.  457;  Scavini,  1.  c.  n.  11  ss. 

40  Cf.  Suarez,  Disp.  11,  Sect.  3,  mi,  8-10. 


CONSTITUENT    PARTS    OF    SACRAMENT    OF   PENANCE     37 

a  motive  of  penance  (ex  affeclu  pamitenticc) ,  especially  those  to 
which  Holy  Scripture  assigns  the  virtue  of  destroying  venial 
sin.  Such  are:  prayer17  (.John  xiv.  18  s.;  xvi.  23),  almsgiving 
and  fasting,  especially  the  works  of  mercy  and  mollification 
(Ecclus.  hi.  33;  iv.  1-11;  Tob.  iv.  11;  Dan.  iv.  24;  Matt, 
v.  7;  John  hi.  5-10;  1  Reg.  vii.  5,  etc.;  1  Esdras  viii.  21,  etc.). 
Cf.  S.  Thorn.  II.  II.  Q.  147,  art.  1  et  3.4 


4S 


5.   The  Constituent  Parts  of  the  Sacrament  of  Penance  in  General. 

As  in  the  other  Sacraments  a  distinction  is  made  between  the 
matter  and  the  form,  so  too  in  the  Sacrament  of  Penance;  but 
with  a  certain  difference,  which  appears  from  the  fact  that  the 
Council  of  Trent  speaks  of  the  matter  of  this  Sacrament  as  a 
quasi-materia.  The  Catechismus  Romanus 49  states  this  more 
fully  when  it  says:  This  Sacrament  is  distinguished  from  the 
other  Sacraments  especially  in  this,  that  the  matter  of  the  other 
Sacraments  is  a  substance  produced  by  nature  or  art,  while  in  the 
Sacrament  of  Penance  it  is  the  acts  of  the  penitent,  especially 
the  contrition,  confession,  and  satisfaction ;  yet  it  is  not  because 
these  acts  are  not  to  be  considered  as  truly  matter  of  the  Sac- 
rament that  the  Holy  Council  calls  them  quasi-materia  ("as  it 
were  the  matter"),  but  because  they  are  not  materially  or  exter- 
nally applied,  like  water  in  Baptism  and  chrism  in  Confirmation. 
These  three  acts  of  the  penitent  are  styled  by  the  Council  of 
Trent  the  parts  (partes)  of  the  Sacrament  of  Penance  "in  so  far 

47  There  are  three  prayers  which  have  quite  a  special  efficacy  in  this  mat- 
ter :  one  has  come  to  us  from  the  Holy  Ghost  through  David,  the  other  from 
Our  Lord,  and  the  third  from  the  Church;  they  are  the  seven  penitential 
psalms,  the  Our  Father,  and  the  Confiteor.  Cf.  S.  Thorn.  III.  Q.  87,  art.  3 ; 
I.  IL  Q.  74,  art.  8  ad  G. 

48  On  the  remission  of  venial  sins,  defiling  the  faithful  who  die  in  grace 
see  S.  Thorn.  De  Malo,  Q.  7,  a.  11 ;  Suarez,  Disp.  11,  Sect.  4  ;  Disp.  47,  Sect.  1 ; 
Palmieri,  Tract,  de  Pcenitentia,  p.  190  ss.  ;  Oswald,  Eschatologie,  p.  84  ss.  ; 
Tappehorn,  Die  lassliche  Siinde,  Sect.  11,  p.  61  ss. 

49  Cat.  Rom.  P.  II.  Cap.  V.  0.  XII. 


38      PENANCE    AS    A     VIRTUE    AND    AS    A    SACRAMENT 

as  they  are  required  by  God's  ordinance  in  the  penitent  for  the 
completeness  of  the  Sacrament  and  for  the  entire  and  perfect 
remission  of  sin."50  To  these  must  be  added  the  absolution  of 
the  priest,  which  constitutes  the  form.  Hence  we  have  to  con- 
sider as  parts  of  the  Sacrament:  (1)  contrition,  (2)  confession, 
(3)  satisfaction,  and  (4)  absolution.51 

The  three  acts  of  the  penitent  have  not  all,  however,  the  same 
importance.  The  satisfaction  belongs  to  the  Sacrament  only  in 
so  far  as  its  integrity  and  its  complete  efficacy  are  concerned; 
hence  it  is  not  an  essential,  but  only  an  integral  part  of  the  Sac- 
rament. It  is  true  that  the  power  of  imposing  on  the  penitent 
a  suitable  satisfaction  belongs  essentially  to  the  administration 
of  this  Sacrament;  hence  also  the  penitent  is  obliged  to  accept 
this  penance  and  to  declare  himself  willing  to  perform  it.  The 
actual  performance  of  the  penance,  however,  is  not  necessary  in 
order  that  the  Sacrament  should  produce  its  effect.52 

The  confession  or  self-accusation  of  the  penitent  in  presence 
of  the  priest  is  the  principal  matter  of  this  Sacrament,  for  this 
is  necessary  in  se  and  per  se,  in  order  that  the  confessor  may 
form  a  judgment  and  administer  the  Sacrament. 

Contrition  is  a  necessary  constituent  of  the  Sacrament  but 
merely  in  se  not  per  se  ipsum,  and  only  as  contained  in  the  ac- 
cusation, which  is  an  outward  manifestation  of  the  contrition ; 

50  Cat.  Rom.  1.  c. 

51  Cf.  Trid.  Sess.  XIV.  cp.  2,  3  et  4,  can.  4;  S.  Thorn.  III.  Q.  86,  art.  6; 
Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  1.  n.  2  ss. 

52  Suarez,  Disp.  20,  Sect.  3,  n.  8,  and  Disp.  58,  Sect.  1,  n.  3  ;  Lehmkuhl,  1.  c. 
Cap.  III.  Sect.  1,  n.  258;  Aertnys,  1.  c.  Cap.  III.  art.  1,  n.  174.  Without  satis- 
faction the  Sacrament  is  there  in  its  essence,  but  it  is  not  quite  perfect,  as  a 
man  without  legs  is,  indeed,  a  man  essentially,  but  not  a  complete  and  per- 
fect one.  For  this  Sacrament  was  instituted  for  the  complete  removal  of  sin, 
both  guilt  and  punishment;  thus  it  produces  not  only  remission  of  the  guilt 
and  of  the  eternal  punishment  (in  which  may  be  included  a  portion  of  the 
temporal  punishment),  in  consequence  of  the  absolution,  but  also  remission 
of  the  temporal  punishment  by  the  performance  of  the  penance  imposed ; 
hence  the  satisfaction  is  a  part  of  the  Sacrament  which  produces  these  effects. 
Cf.  Lugo,  l)e  Poen.  Disp.  12,  n.  40. 


REMOTE    MATTER     OF    THE    SACRAMENT    OF   PENANCE     39 

for  contrition  is  not  per  se  subject  to  the  senses,  but  must  be 
outwardly  shown  in  some  way  in  order  to  become  manifest.53 
"The  contrite  accusation,  therefore,  realizes  all  the  conditions  of 
the  matter  in  the  Sacraments."  54 

Theologians  draw  a  further  distinction  in  this  Sacrament  be- 
tween the  proximate  and  the  remote  matter  (materia  proximo 
et  remota).  Proximo  materia  consists  of  the  acts  which  the  peni- 
tent has  to  perform,  and  remota  materia  of  the  sins  committed 
after  Baptism  which  the  penitent  has  repented  of  and  confessed 
and  for  which  he  must  do  satisfaction.55 

6.   Of  the   Remote   Matter   of  the   Sacrament  of  Penance   in 

Particular. 

The  remote  matter  of  this  Sacrament  are,  as  we  have  already 
seen,  the  sins  committed  after  Baptism.  Those  committed  be- 
fore Baptism  are  forgiven  entirely  in  Baptism,  wherefore  they 

53  Lehmkuhl,  1.  c.  n.  258. 

54  Aertnys,  1.  c.  Cap.  III.  art.  1,  n.  171. 

55  Theologians  do  not  agree  as  to  whether  the  acts  of  the  penitent  are  in 
truth  matter  belonging  to  the  inner  constitution  of  the  Sacrament  —  in  the 
same  way,  for  instance,  as  the  washing  with  water  is  an  intimate  element 
of  Baptism  —  or  whether  they  belong  to  tin-  Sacrament  only  in  a  wider 
sense;  in  other  words,  whether  the  acts  of  the  penitent  arc  materia  ex  qua 
or  only  materia  circa  </>i<t/n  of  the  Sacrament.  The  Scotists  place  the  whole 
essence  of  the  Sacrament  in  the  absolution,  and  teach  that  the  acts  of  the 
penitent  are  only  materia  circa  quam  ami  conditio  sine  qua  mm.  in  such  a 
manner,  however,  that  without  these  the  absolution  cannot,  be  sacramental  ; 
hence  they  have  no  hesitation  in  considering  these  acts  essential.  'lie 
Thomists,  and  by  far  the  greater  number  of  theologians,  consider  the  acts 
of  the  penitent  as  materia  ex  qua,  because  they  do  in  fact  belong  essentially 
to  the  constitution  of  the  external  act  which  produces  the  interior  grace. 
This  doctrine  unquestionably  carries  the  day.  "  unless,"  as  Lehmkuhl  says, 
"one  chooses  to  call  the  acts  of  the  penitent  materia  ex  qua,  not  as  having 
their  origin  in  the  penitent,  but  as  matter  presented  judicially  to  the  con- 
fessor, a  question  about  which  I  do  not   wish  to  argue,  for  that,  acts  of  the 

penitent  —  sorrow  and  accusation  —  are  necessary,  and  should  1 licited,  is 

beyond  all  doubt."     Lehmkuhl,  1.  c.  n.  "Jot!.     C£.   I'.allerini,  Op.  Theol.  Mor. 
1.  c.  cp.  1.  n.  14. 


40      PENANCE   AS    A     VIRTUE   AND    AS    A    SACRAMENT 

are  not,  properly  speaking,  subject  to  the  Sacrament  of  Pen- 
ance. Again,  a  man  is  not  under  the  Church's  jurisdiction  till 
he  is  baptized,  and  this  Sacrament  of  Penance  is  administered 
by  virtue  of  the  jurisdiction  which  the  Church  exercises  over 
her  members.  The  sins  which  are  confessed  are  not,  however, 
materia  ex  qua,  as  is  water  in  the  Sacrament  of  Baptism,  by 
means  of  which  the  Sacrament  is  conferred,  but  materia  circa 
quam,  with  regard  to  which  the  penitent  performs  the  necessary 
acts  and  receives  absolution.  As,  for  example,  in  a  lawsuit 
the  matter  proposed  for  decision  and  the  sentence  are  called  the 
matter  of  the  case,  so  here  the  sins  which  form  the  object  of 
the  sacramental  process  instituted  for  the  remission  of  sins  are 
regarded  as  the  remote  matter  of  penance.56  This  remote  mat- 
ter is  divided  into :  — 

1.  Necessary  and  free  matter  (necessaria  et  libera),  i.e.  neces- 
sary as  a  consequence  of  the  divine  command,  by  which  definite 
sins  (a  definite  materia  remota)  must  be  submitted  to  the  sacra- 
mental tribunal  and  the  power  of  the  keys,  so  that  the  penitent 
who  wilfully  neglects  this  course  cannot  receive  the  Sacrament 
validly.  By  free  matter  we  understand  those  sins  which  the 
penitent  voluntarily  confesses  whilst  not  bound  to  do  so  by 
divine  law. 

2.  Certain  and  doubtful  (certa  et  dubia),  i.e.  matter  which  in 
the  judgment  of  the  confessor  is  a  certain  and  valid  object  of 
absolution;  or  matter  regarding  which  absolution  cannot  be 
pronounced  without  misgiving. 

3.  Finally,  sufficient  and  insufficient  {sufficiens  et  insufficiens) , 
i.e.  such  matter  as  suffices  for  the  administering  of  the  Sacra- 
ment and  the  granting  of  absolution,  whether  the  matter  be 
necessary  or  free,  and  such  over  which  sacramental  absolution 
cannot  be  pronounced. 

Necessary  matter  comprises  all  grievous  sins  committed  after 
Baptism  and  not  at  any  former  time  submitted  directly  to  the 

66  Cf.  Aertnys,  1.  c.  Cap.  III.  n.  171. 


REMOTE    MATTER    OF    THE    SACRAMENT    OF    rENANCE     41 

power  of  the  keys;  of  all  and  each  of  them  the  penitent  is 
obliged  to  accuse  himself. 

Sins  are  remitted  directly  win  mi  they  have  been  remitted  per 
se  quite  independently  of  other  sins.  This  is  the  case  when  they 
have  been  explicitly  confessed  to  a  priest  having  the  required 
jurisdiction.  Sins  are  forgiven  indirectly  when  they  are  re- 
mitted in  conjunction  with  other  sins,  and  not  per  se.  This  hap- 
pens when  a  penitent  omits  a  sin  through  invincible  ignorance 
or  forgetf ulness  or  inability;  or  if  a  confessor  without  proper 
jurisdiction,  for  serious  reasons,  gives  absolution.  In  both  cases 
such  sins  are  remitted  in  conjunction  with  the  other  sins  which 
have  been  explicitly  confessed  and  over  which  the  priest  had 
jurisdiction.  This  must  be  so,  for  a  penitent  cannot  at  the  same 
time  experience  God's  mercy  by  the  remission  of  the  sins  which 
he  has  confessed  and  also  be  an  object  of  God's  wrath  with  re- 
spect to  his  other  sins;  moreover,  the  inpouring  grace,  through 
the  remission  of  the  sins  that  have  been  confessed,  is  not  com- 
patible with  the  presence  of  mortal  sin  remaining  in  the  soul. 

It  is  in  consequence  of  Christ's  institution  that  all  the  sins 
committed  after  Baptism  and  not  yet  directly  forgiven,  and  also 
the  sins  only  indirectly  forgiven,  must  of  necessity  be  revealed 
to  the  priest;  for  in  appointing  the  priest  to  be  His  representa- 
tive, Christ  made  him  the  judge  before  whom  all  mortal  sins 
must  be  brought,  that,  in  virtue  of  the  power  of  the  keys,  he 
might  pass  sentence  of  loosing  or  binding.57  Over  sins  which 
have  not  yet  been  directly  remitted  the  confessor  has  pronounced 
no  judgment,  for  they  v/ere  unknown  to  him;  hence,  in  accord- 
ance with  Christ's  command,  even  sins  indirectly  forgiven  must 
be  submitted  by  confession  to  the  power  of  the  keys  in  order 
that  they  may  obtain  direct  forgiveness.58 

57  Trid.  Sess.  XTV.  cp.  5. 

58Lacroix.  Theol.  Moral.  Lib.  VI.  P.  II.  n.  595  ss. ;  Mazzotta,  Theol. 
Moral.  Tr.  VI.  Disp.  1,  q.  4,  cp.  5.  Hence  Alexander  VIT  condemned  the 
proposition  (Prop.  II.  damnata)  that  sins  omitted  in  confession,  whether 


■42      PENANCE    AS    A     VIRTUE    AND    AS    A    SACRAMENT 

The  following  classes  of  sins  are  sufficient  and  free  matter  for 
confession :  — 

(a)  The  venial  sins  committed  after  Baptism.  These  are  mat- 
ter sufficient  because  Christ  gave  His  priests  power  to  forgive 
all  sins,  therefore  also  venial  sin;  and  the  Council  of  Trent 
teaches  that  it  is  good  and  wholesome  to  confess  venial  sins. 
Since,  however,  the  recommendation  of  the  Council  imposes  no 
obligation  to  confess  them,  as  they  may  be  remitted  by  other 
means,  they  are  free  matter. 

(b)  Sins  already  directly  forgiven  are  also  free  matter.  Since 
they  have  already  been  remitted  by  sacramental  absolution 
they  may  be  said  to  exist  no  longer.  Nevertheless,  though  they 
have  been  forgiven,  one  may  renew  his  sorrow  for  them, 
and  on  that  account  the  absolution  may  be  given  again  validly, 
even  if  no  other  sins  be  presented.  This  is  proved  by  the  gen- 
eral practice  of  the  faithful  and  the  unanimous  teaching  of 
theologians,  who  declare  that  contrite  confession  of  a  past  sin 
is  always  materia  proxima  of  the  Sacrament;  a  sin  which 
has  received  forgiveness  remains  always  a  sin  of  the  past 
and  so  can  be  made  the  object  of  sorrow  and  of  sacramental 
accusation.59 

Moreover  the  highest  authority  in  the  Church  favors  this 
view;  for  Benedict  XI  teaches  60 :  "Though  it  be  not  necessary, 
yet  we  consider  it  very  wholesome  to  repeat  the  confession  of 
special  sins  on  account  of  the  humiliation  which  they  cause." 
Although,  in  these  words,  the  Holy  Father  speaks  of  humiliation 
only  as  the  advantage  to  be  drawn  from  the  confession  of  pre- 
viously forgiven  sin,  it  is  quite  evident  that  he  does  not  intend 
to  exclude  the  great  benefits  which  the  absolution  pronounced 

they  have  been  forgotten,  or  not  confessed  on  account  of  danger  of  death, 
or  for  any  other  reason,  need  not  be  mentioned  again  in  confession. 

69  S.  Alph.  1.  c.  n.  427,  dub.  2;  Gury  (Ed.  Rom.),  n.  418;  Ballerini,  Op. 
Theol.  Mor.  1.  c.  n.  17;  Midler,  1.  c.  Sect.  Ill;  Aertnys,  1.  c.  n.  172.  Q.  I. 

60  Extravag.  com.  1.  5.  tit.  7  (de  privileg.),  c.  I.  Const.  "Inter  cunctas." 


REMOTE    MATTER    OF    THE    SACRAMENT    OF    PENANCE     43 

over  those  sins  must  bring,  for  the  confessions  of  which  the 
Pope  speaks  are  made  only  in  order  to  obtain  absolution.61 

Thus,  besides  this  salutary  humiliation,  the  confession  of  for- 
given sins  and  the  absolution  again  pronounced  over  them 
cause  an  increase  of  sanctifying  grace  and  a  remission  of  tem- 
poral punishment,  augment  the  hatred  for  sin,  and  dispose  the 
penitent,  who  has  only  human  shortcomings  or  venial  sins  of  less 
moment  to  disclose,  better  toward  a  sincere  contrition.  How 
in  this  case  the  true  notion  of  "absolution,"  which  is  in  fact 
identical,  with  the  influx  of  sanctifying  grace,  is  preserved,  re- 
mains for  the  dogmatic  theologian  to  settle;  for  our  purpose  it 
is  enough  to  indicate  briefly  Lugo's  explanation.  "As,"  says 
the  learned  Cardinal,  "after  making  a  vow  I  can  bind  myself 
afresh  to  its  observance  by  renewing  the  vow  in  a  manner  which 
binds  me  independently  of  the  former  promise,  so  God  may 
again  waive  His  right  of  punishing  sin,  by  a  renewal  of  the  com- 
pact with  man  to  pardon  past  sins,  and  this  repeated  renuncia- 
tion of  the  divine  right  is  as  efficacious  as  the  first,  and  is  made 
by  a  new  infusion  of  sanctifying  grace."  62 

Since  venial  sins  and  mortal  sins  already  directly  remitted  are 
free  matter,  it  is  not  necessary  to  accuse  one's  self  of  them  with 
such  accuracy  and  perfection  regarding  number  and  species  as 
in  the  case  of  necessary  matter,  even  if  there  be  nothing  else  to 
confess.  In  this  case  we  cannot  urge  the  two  reasons  for  which 
the  accusation  of  mortal  sins  not  yet  confessed  must  include  the 
details  of  species  and  number,  for  neither  has  God  ordered  it, 
nor  is  it  required  in  order  that  the  judicial  power  may  be  prop- 
erly exercised  with  regard  to  them.  Hence  it  suffices  to  accuse 
one's  self  in  such  a  way  as  to  enable  the  priest  to  form  some  sort 
of  judgment.  That  this  is  possible  if  the  sin  is  confessed  at 
least  generically  (generice)  is  seen  from  other  cases.  For  in- 
stance, a  man  who  knows  that  on  one  occasion  he  sinned  gravely 

61  Cf.  Ballerini,  1.  c. ;  Lelimkulil,  1.  c.  n.  263. 

62  Lugo,  De  Pcenit.  d.  13,  n.  73. 


44      PENANCE    AS    A     VIRTUE    AND    AS   A    SACRAMENT 

against  the  sixth  commandment  but  has  forgotten  the  exact 
specific  nature  of  the  sin,  or  that  he  has  sinned  gravely  but  has 
quite  forgotten  what  the  sin  was,  is  obliged,  as  all  theologians 
teach,  to  confess  that  he  has  sinned  gravely  against  purity,  or, 
in  the  latter  instance,  that  he  had  committed  a  mortal  sin. 
Many  extend  this  obligation  to  a  sin  which  is  only  doubtfully 
mortal,  of  which  the  penitent  cannot  any  longer  remember  the 
species,  and  which  moreover  is  the  only  sin  weighing  upon  his 
conscience.63 

We  have  viewed  our  subject  with  respect  to  the  validity  of 
the  Sacrament.  Let  us  see  how  in  practice  a  general  accusa- 
tion may  be  made,  and  how  far  such  general  accusations  are 
valid  and  permissible  matter  for  absolution. 

1.  A  penitent  may  accuse  himself  thus:  "I  have  sinned  and 
I  accuse  myself  of  the  sins  of  my  whole  life,"  and  if  the  con- 
fessor has  no  other  knowledge  of  these  sins,  such  an  accusation 
is  general  in  the  widest  sense ;  to  this  class  belongs  also  an  accu- 
sation conveyed  by  an  expression  of  sorrow  without  any  explicit 
avowal  of  sin. 

2.  A  more  particular  but  still  general  accusation  is:  "I 
accuse  myself  of  all  the  mortal  sins  which  I  have  committed." 

3.  Yet  more  precise  is  the  accusation:  "I  accuse  myself  of 
all  the  lies  I  have  told,  or  of  all  the  sins  I  have  committed 
against  purity,  or  justice,  or  this  or  that  particular  virtue,"  thus 
pointing  out  the  virtue  or  the  command  against  which  he  has 
sinned,  but  without  giving  the  ultimate  specific  character  (in- 
fima  species)  of  the  sin. 

4.  Finally,  the  penitent  may  declare  the  ultimate  species 
(infima  species)  of  the  sin  without  determining  the  precise  act 
and  without  the  specific  circumstances  and  their  number;  e.g. 
I  accuse  myself  of  all  profanations  of  the  name  of  God,  of  all 
sinful  looks  dangerous  to  purity,  of  all  deception  in  my  dealings 
with  my  neighbor,  etc. 

63  Cf.  Lelimkuhi,  i.  c.  n.  263. 


REMOTE    MATTER    OF    THE    SACRAMENT    OF    PENANCE     45 

When  there  is  question  in  the  confession  of  materia  libera :  — 

1.  The  last  two  methods  of  general  accusation  are  sufficient 
for  the  valid  and  licit  administration  of  the  Sacrament,  whether 
the  whole  confession  consist  of  such  a  general  accusation  or 
whether  this  general  accusation  be  added  to  a  confession  of 
venial  sins  to  make  sure  of  contrition.  The  second  method 
of  accusation  might  perhaps  be  allowed;  but  if  any  one  wished 
to  make  the  whole  confession  by  this  second  method  of  general 
accusation,  embracing  in  this  manner  sins  already  confessed 
without  some  sort  of  a  special  mention  of  venial  sins  lately 
committed,  the  confessor  might  well  object  and  could  not  easily 
give  absolution  unless  in  case  of  some  pressing  necessity.  If, 
however,  sins  not  yet  explicitly  confessed  are  declared,  and  a 
general  accusation  is  added  of  the  second  kind  for  the  sake  of 
security,  this  may  be  considered  as  sufficient  both  quoad  valo- 
rem and  quoad  liceitatem.  For  the  accusation,  "I  have  sinned 
mortally,"  is  not  quite  vague,  as  it  expresses  a  certain  degree 
of  sinfulness  which  may  very  well  be  (and  at  times  is  all  that 
can  be  obtained)  the  object  of  a  judicial  sentence. 

2.  An  entirely  vague  accusation,  although  there  be  necessary 
matter,  may  be  accepted  as  being  sufficient  in  cases  of  extreme 
necessity  -  -  when  a  detailed  accusation  is  impossible  and  abso- 
lution must  be  given.     For  instance :  — 

(a)  At  the  time  of  death,  when  the  dying  man  can  no  longer 
speak  or  is  unconscious,  and  has  already  shown  signs  of  a  desire 
for  absolution ;  for,  according  to  the  Roman  Ritual,  such  a  man 
is  to  be  absolved  (absolvendus  est),  and  this  official  book  of  the 
Church  suggests  nothing  about  making  the  absolution  condi- 
tional. 

(6)  In  other  cases  of  impending  death,  when  the  desire  for 
absolution  is  expressed  by  any  sort  of  sign ;  e.g.  in  a  shipwreck 
where  there  is  not  time  to  make  a  full  accusation. 

(c)  If  a  penitent  is  too  ignorant  or  too  weak-headed,  even 
with  the  help  of  the  confessor's  questions,  to  render  an  accurate 


•46      PENANCE   AS    A    VIRTUE    AND    AS    A    SACRAMENT 

account,  at  least  absolution  may  at  times  be  given  to  such  a 
penitent  if  he  has  not  had  it  for  a  long  period.64 

3.  When  it  is  a  question  of  venial  sins  only  (on  the  supposition 
that  these  either  alone  or  in  conjunction  with  other  doubtful 
matter  have  been  confessed),  the  confessor  may  not  give  absolu- 
tion for  an  accusation  which  is  (mite  vague,  for  such  an  accusa- 
tion offers  no  entirely  certain  matter  for  absolution,  and  from 
what  is  allowed  in  danger  of  death  we  may  not  conclude  that 
the  same  will  suffice  for  the  validity  of  absolution  in  cases  where 
there  is  no  urgency.  A  confession,  for  instance,  delivered  by  a 
messenger  is  permissible  only  in  the  case  of  imminent  death 
where  no  other  means  can  be  devised;  this  is  clear  from  the 
propositions  condemned  by  Clement  VIII  and  Paul  V.  In 
any  other  case,  the  unanimous  voice  of  theologians  declares 
such  a  confession  invalid.  Hence  if  valid  matter  can  be  pre- 
sented, it  must  be  done  if  absolution  is  to  be  given. 

This  is  clear,  too,  on  the  merits  of  the  case  itself.  One  may 
always  presume  that  the  desire  which  a  dying  man  expresses  for 
absolution  is  at  least  a  hesitating,  if  not  definite,  acknowledg- 
ment of  having  committed  mortal  sin  by  the  fact  that  he  con- 
siders absolution  necessary  and  desirable;  but  if  a  man,  though 
able,  accuses  himself  of  no  definite  sins  to  his  confessor,  it  is 
tantamount  to  a  declaration  that  he  has  committed  only  venial 
sins.  Now  the  confession  of  mortal  sin  in  general  contains 
something  definite;  whereas  an  accusation  of  venial  sin  in  gen- 
eral is  altogether  vague;  hence  the  causa  judicialis  in  this  case 
is  quite  unknown,  and  no  sentence  can  be  passed  where  the 
charge  is  unknown  and  undetermined. 

Finally,  it  is  quite  foreign  to  the  practice  of  the  Church  to 
make  a  confession  by  the  formula,  "I  have  no  mortal  sins;  I  am 
sorry  for  my  venial  sins,  and  I  ask  absolution."  He  who  evades, 
therefore,  a  fuller  accusation  of  his  venial  sins,  when  he  could 
make  one,  is  unworthy  of  absolution,  which  is  intended  to  be 

64lleuter,  Neoconfessarius,  P.  II.  Cap.  III.  Art.  IV.  n.  117. 


REMOTE    MATTER     OF    THE    SACRAMENT    OF    PENANCE     47 


& 


given  by  the  Church  only  to  those  who  make  a  definite  accusa- 
tion.05 Though,  adds  Laymann,68  no  one  is  bound  by  any  law 
to  confess  venial  sins,  yet  whoever  wishes  to  receive  sacramental 
absolution  must  accuse  himself  at  least  of  some  venial  sin,  in 
specie.67  Suarez  says,  and  rightly,  that  the  validity  of  such  an 
accusation  may  be  defended  speculatively,  but  that  practically 
it  is  to  be  condemned  on  account  of  the  uncertainty  of  the  matter. 
"I  declare,  then,"  he  continues,  "  that,  though  we  are  not  strictly 
bound  to  confess  the  species  of  the  venial  sins,  yet,  supposing 
that  we  wish  absolution,  we  are  bound  to  offer  certain  and  definite 
matter.  But  in  case  of  necessity  or  where  it  is  impossible  to 
make  a  more  definite  accusation  (as  might  happen  in  the  case 
of  a  man  who  is  dying)  such  matter  would  doubtlessly  be  suf- 
ficient." 68 

"Since,  then,"  concludes  Lehmkuhl,  "outside  the  cases  of 
necessity  or  impossibility  a  vague  confession  of  only  venial  sins 
does  not  supply  definite  matter,  it  is  not  sufficient  to  add  it  to 
the  particular  confession  in  order  to  have  a  more  secure  ground 
for  a  valid  absolution  than  by  the  accusation  of  the  smaller  sins 
committed  since  the  last  confession,  unless  the  confessor  from 
previous  knowledge  of  the  penitent  can  decide  whether  suffi- 
ciently definite  matter  is  presented  to  him  in  this  vague  general 
assertion."  69 

In  consequence  the  following  rules  arc  recommended  in 
practice :  — 

65  At  accusare  se  de  venialibus  in  genere  dicendo  v.  g.  Accuso  me  de  multis 
venialibus,  nihil  aliud  exprimendo,  probability  nun  videtur  licere  extra  casum 
necessitatis;  turn  quia  est  contra  praxim  Ecclesirc,  turn  quia  hoc  Sacramentum 
est  institutum  per  moduin  accusationis  et  judicii,  quod  per  se  loquendo  Jit  ri  dt  l"  t 
circa  materiam  saltern  in  specie  certain  et  determinatam.  Mazzotta,  1.  c.  Tract. 
VI.  Disp.  I.  Q.  IV.  c.  IT.  Cf.  Suarez,  Disp.  2:3,  Sect.  I.  n.  10;  Reuter, 
Neoconfessarius,  P.  IT.  C.  III.  Art.  4,  n.  117. 

66  De  Sacr.  Poenit.  c.  5,  n.  14. 

67  Cf.  Mazzotta,  1.  c.  Tract.  VI.  Disp.  I.  Q.  IV.  c.  II. 

68  Suarez,  Disp.  23,  Sect.  I.  n.  10. 

69  Lehmkuhl,  1.  c.  n.  266. 


48      PENANCE    AS    A     VIRTUE    AND    AS    A    SACRAMENT 

1.  If,  in  order  to  secure  unquestionably  definite  matter  from 
the  past  life  of  the  penitent,  some  sin  or  other  is  confessed  in 
addition  to  those  committed  since  the  last  confession,  it  ought 
to  be  done  by  mentioning  the  virtue  or  the  commandment 
which  was  violated. 

2.  Some  really  grave  sin  ought  to  be  mentioned. 

3.  It  should  not  be  mentioned  out  of  mere  routine,  but  with 
real  sorrow  of  heart. 

4.  Since  of  late  a  number  of  writers  defend  the  mere  vague 
accusation  on  this  free  matter  as  valid  and  permissible  70  even 
outside  cases  of  necessity,  the  confessor  when  unable  to  get  more 
definite  matter  may  acquiesce  and  grant  absolution. 

5.  If  one  desires  to  derive  real  spiritual  profit  from  the  con- 
fession of  venial  sins,  too  great  minuteness  as  well  as  too  great 
vagueness  must  be  avoided;  some  particular  venial  sin  which 
causes  more  uneasiness  than  the  rest  might  be  made  a  subject 
of  more  especial  sorrow  and  more  careful  accusation,  otherwise 
in  many  cases  the  sorrow  as  well  as  the  accusation  and  purpose 
of  amendment  are  likely  to  be  too  vague,  if  not  completely 
absent.  It  has  been  pointed  out  previously  that  gross  igno- 
rance on  the  part  of  the  penitent  is  a  reason  for  taking  a  very 
general  accusation  as  valid  for  absolution. 

In  practice  the  confessor  should  attend  to  the  following 
rules :  — 

In  the  case  of  a  penitent  who  accuses  himself  of  no  sin  in 
particular,  let  the  priest  inquire  whether  this  be  due  to  the  fact 
that  the  penitent  has  really  not  committed  any  mortal  sin,  or 
to  invincible  ignorance,  or  to  a  rooted  habit  of  sin  which  has 
produced  in  the  penitent  a  darkening  of  the  intellect  and  a  reck- 
lessness with  regard  to  his  salvation.  If  the  penitent  accuses 
himself  of  no  sin  in  particular  because  he  is  really  quite  uncon- 
scious of  grave  trespass,  the  confessor  might  suggest  to  him  a 


70 


Cf.  Gury-Balleriui,  Compend.  Theol.  Moral.  IT.  n.  421. 


REMOTE    MATTER    OF    THE    SACRAMENT    OF    FEXANCE     49 

few  lesser  sins  such  as  are  usually  committed  by  people  in  the 
same  station  of  life,  and  ask  if,  since  the  last  confession  or  in  his 
past  life,  he  has  ever  given  way  to  such  sins --if,  for  instance, 
he  has  offended  his  neighbor,  or  been  violent,  angry,  disobedient, 
careless  in  prayer,  etc.  If  the  penitent  answers  in  the  affirma- 
tive to  one  or  other  of  these  questions,  the  confessor  should 
excite  him  to  repentance  and  purpose  of  amendment,  so  far  as 
he  sees  it  necessary,  and  then  absolve  him.  If,  however,  the 
penitent  answers  all  questions  with  a  No,  and  cannot  be  induced 
to  acknowledge  any  sin  of  his  past  life,  further  questioning 
should  be  avoided,  and  the  penitent  urged  to  make  an  act  of 
sorrow  for  all  the  sins  of  his  whole  life,  especially  those  com- 
mitted against  his  neighbor,  or  against  obedience,  etc.  If  the 
penitent  accede  to  this,  as  often  happens,  in  spite  of  his  former 
declaration  that  he  is  not  conscious  of  any  sin  even  in  his  past 
life,  the  priest  should  arouse  him  to  sorrow  and  a  firm  resolution, 
and  absolve  him  conditionally  if  the  penitent  has  not  received 
absolution  for. a  long  time. 

With  such  penitents  there  will  be  reason  to  suspect  that  their 
disposition  comes  from  want  of  knowledge  of  the  most  necessary 
truths  of  salvation.  If  the  priest  discover  this  to  be  the  case  — 
as  he  may  by  a  few  judicious  questions  —  he  may  not  absolve 
him  till  after  instruction  in  these  necessary  truths.  Ordinarily  it 
will  be  well  to  instruct  him  at  once  before  leaving  the  confes- 
sional, for  fear  that  he  should  neglect  approaching  the  Sacra- 
ments — a  consequence  much  to  be  apprehended  —  or  take  no 
pains  to  get  instructed.  If,  however,  the  priest  finds  out  that  the 
cause  of  the  ignorance  is  a  rooted  habit  of  sin,  or  the  insensibility 
following  on  certain  sins  which  have  so  fatal  an  effect  in  this 
matter — as,  for  instance,  impurity  or  drunkenness  —  he  must 
exercise  great  patience,  putting  before  the  penitent  earnestly  the 
awful  consequences  of  his  sinful  life,  instruct  him,  and  in  every 
possible  way  prepare  him  with  true  apostolic  zeal  to  receive 
worthily    the   sacrament,   either   immediately  or   later,  if   the 


50      PENANCE    AS    A     VIRTUE    AND    AS    A    SACRAMENT 

absolution  be  deferred,  and  to  fulfill  his  resolutions  of  making 
an  earnest  amendment.71 

7.    The  Form  of  the  Sacrament. 

The  form  of  the  Sacrament,  "in  which  its  power  principally 
lies,"  72  consists  of  the  words  which  the  priest  utters  over  the 
penitent :  Ego  te  absolvo  a  peccatis  tuis  in  nomine  Patris  et  Filii 
et  Spiritus  Sancti,  Amen.  To  these  words  the  custom  of  the 
Church  has  added  others  which  have  become  fixed  in  the  ritual 
and  are  prescribed,  though  "they  do  not  belong  to  the  essence 
of  the  form  and  are  not  necessary  for  the  conferring  of  the  Sac- 
rament." 73 

There  is  no  doubt  that  the  words  Ego  te  absolvo,  or  te  absolvo 
simply  (since  the  pronoun  Ego  is  contained  in  the  verb  absolvo), 
belong  to  the  essence  of  the  form.  These  words  are  de  essentia 
forma",  because,  as  St.  Thomas  says,74  they  signify  the  virtus 
clavium  et  totum  Sacramenti  effectum. 

According  to  most  theologians  the  words  a  peccatis  tuis  do 
not  belong  to  the  essence  and  the  validity  of  the  Sacrament; 
for  this  view  we  may  quote  St.  Thomas  and  the  authority  of 
the  Roman  catechism,  which  says:  "The  form  is:  Ego  te  ab- 
solvo." The  words  a  peccatis  tuis  are  sufficiently  indicated  by 
the  accusation  of  the  penitent  and  the  act  of  the  priest  who 
gives  absolution.  Other  theologians,  however,  maintain  that 
these  words  are  essential,  arguing  that  since  Christ  in  institut- 
ing the  Sacrament  used  the  words,  "Whose  sins  you  shall  for- 
give," the  remission  of  sins  ought  to  be  expressly  mentioned. 
Though  the  first  view  is  the  more  probable,  the  words  ought  not 
to  be  omitted  in  practice,  since  in  the  conferring  of  the  Sacra- 
ments the  safer  opinion  should  be  followed.75 

71  On  this  matter  see  the  eminently  practical  hints  of  Reuter  in  his 
Neoconfessarius,  1.  c.  n.  117.     Cf.  Lehmkuhl,  1.  c.  nn.  2G0,  2(37. 

72  Trident.  Sess.  XIV.  cp.  3. 

73  Trident.  1.  c.  74  IN.  Q.  81,  a.  3. 

"  S.  Alph.  Lib.  VI.  n.  430,  Dub.  2 ;  Ballerini,  Op.  Theol.  Mor.  1.  c.  n.  32. 


THE    FORM    OF    THE    SACRAMENT  51 

If  the  words  absolvo  a  peccatis  tuis  wore  used,  omitting  the 
word  te,  the  form  would  still  be  probably  valid,  since  te  is  suffi- 
ciently implied  in  the  word  tuis;  in  practice,  however,  this  view 
ought  not  to  be  taken,  but  the  safer  opinion  followed.70  The 
absolution  would  certainly  be  invalid  if  the  priest  said  only 
absolvo,  because  the  object  of  the  absolution  is  not  indicated 
and  the  sense  is  indefinite.77 

The  words  In  nomine  Patris  et  Filii  et  Spiritus  Sancti,  Amen, 
are  certainly  not  of  the  essence  of  the  form,  since  Christ  in  insti- 
tuting the  Sacrament  made  no  reference  to  the  Blessed  Trinity; 
they  are,  however,  most  appropriately  added  to  express  that 
the  priest  absolves  from  sin  by  the  authority  and  power  of 
God.78 

In  cases  of  necessity  absolution  may  be  given  by  the  same 
priest  to  many  persons  at  the  same  time,  while  he  says,  Ego  vos 
absolvo  a  peccatis  vestris;  thus,  for  instance,  soldiers  may  be 
absolved  at  the  beginning  of  a  battle.  As  many  Sacraments 
are  conferred  as  there  are  persons  absolved,  if  they  give  any 
token  of  sorrow  and  in  some  way  confess  their  sinfulness.79 

The  Rituale  Romanian  prescribes  how  a  priest  should  give 
absolution,  and,  as  it  is  the  official  book  of  the  Church,  he  is 
bound  to  follow  its  directions.  Any  unauthorized  change 
would  be  a  sin  because  it  is  a  breach  of  the  commands  of  the 
Church ;  indeed  the  confessor  would  sin  grievously  if  he  wished 
to  introduce  any  change  into  the  form  of  absolution. 

"When  the  priest  is  about  to  give  absolution,"  is  the  direction 
of  the  Ritual,  "after  imposing  a  penance  on  the  penitent  and  the 
latter  having  accepted  it,  let  him  say :   Misereatur  tui  omnipo- 

76  S.  Thorn.  III.  Q.  84,  n.  1  ad  3.     Cf.  Mazzotta,  Theol.  Moral.  Tract.  VI. 

77  The  S.  C.  de  Propag.  Fid.,  being  asked  if  a  baptism  is  valid  in  which 
te  is  omitted  from  the  form,  replied  (July  5,  1841)  :  Non  valere  baptisma, 
ideoque  iterandum.     The  same  holds  for  the  Sacrament  of  Penance. 

78  S.  Thorn.  III.  Q.  84,  n.  1  ad  3.  Cf.  Mazzotta,  Theol.  Moral.  Tract.  VI. 
Disp.  II.  Q.  IV.  c.  1. 

79  Lugo,  1.  c.  Dist.  13,  Sect.  7 ;  Lacroix,  1.  c.  Lib.  VI.  P.  2,  n.  G45,  etc. 


52      PENANCE    AS    A     VIRTUE    AND    AS    A    SACRAMENT 

tens  Deus  et  dimissis  peccatis  tuis  perducat  te  ad  vitam  wternam. 
Amen.  Then  he  raises  his  right  hand  over  the  penitent  and 
says:  Indulgentiam,  absolutionem  et  remissionem  peccatorum 
tuorum  tribuat  tibi  omnipotens  et  misericors  Dominus.     Amen. 

"Dominus  noster  Jesus  Christus  te  absolvat,  et  ego  auctoritate 
ipsius  te  absolvo  ab  omni  vinculo  excommunicationis  (suspen- 
sionis)  et  inter dicti  in  quantum  possum  et  tu  indiges.  Deinde  ego 
te  absolvo  a  peccatis  tuis  in  nomine  Patris  ►£•  et  Filii  et  Spiritus 
Sancti.     Amen. 

"If  the  penitent  is  not  a  cleric,  the  word  suspensionis  is 
omitted."  Then  follows  the  prayer:  " Passio  Domini  nostri 
Jesu  Christi,  merita  beatce  Marice  Virginis  et  omnium  Sanctorum, 
quidquid  boni  feceris  et  mali  sustinueris,  sint  tibi  in  remissionem 
peccatorum,  augmentum  gratia  et  prcemium  vital  ceternce.      Amen." 

If  there  are  many  penitents  to  be  heard  and  in  urgent  con- 
fessions, the  Misereatur  and  Indulgentiam  may  be  omitted  and 
simply  the  Dominus  noster,  etc.,  said.  The  prayer  Passio  Do- 
mini, etc.,  may  also  be  left  out.80  It  is  recommended,  how- 
ever, not  to  omit  this  last  prayer,  because  by  virtue  of  it  (so 
teaches  St.  Thomas)  the  good  works  of  the  penitent  acquire 
the  character  of  sacramental  satisfaction,  and  a  share  in  the 
merits  of  Christ  as  well  as  those  of  our  blessed  Lady  and  of 
the  saints.81 

"In  cases  of  pressing  necessity,  in  clanger  of  death,  the  priest 

80  Cf.  Deer.  S.  R.  C.  Feb.  27,  1817. 

81  Cf.  Stotz,  Tribunal  Poenitentis>,  L.  II.  Q.  III.  art.  1,  §  1  ;  Lehmkuhl, 
1.  c.  n.  268:  etiam  in  frequentioribus  confessionibus  expedit  non  omittere. 
Though  Tappehorn  in  his  Anleitung  zur  Verwaltung  des  heiligen  Buss- 
Sacramentes,  third  edition,  p.  67,  suggests  that  when,  in  accordance  with 
the  permission  of  the  Roman  Ritual,  the  prayer  is  omitted,  it  may  be  said 
after  the  last  confession  over  all  those  who  have  confessed,  as  at  the  first 
absolution  (m  confessionibus  frequent  iorilms)  the  prayers  Misereatur  and 
Indulgentiam  (the  plural  vestri,  vestris,  etc.,  being  used)  may  be  said  over  all 
who  are  present,  we  must  observe  that  the  Roman  Ritual  mentions  nothing 
about  this  practice.  Holzmann  recommends  that  the  Passio  Domini  nostri, 
etc.,  should  be  said  as  the  penitent  leaves  the  box. 


THE    FORM    OF    THE    SACRAMENT  53 

may  simply  say:  Ego  te  absolvo  ab  omnibus  censuris  et  peccatis 
in  nomine  Patris  'b  et  Filii  et  Spiritus  Sancti.     Amen." 

Such  is  the  form  of  absolution  according  to  the  prescription 
of  the  Roman  Ritual.  The  confessor  is  at  liberty  to  make  use 
of  the  above  abbreviations  under  the  circumstances  mentioned. 
It  would  be  very  wrong  to  attempt  to  put  in  all  the  prayers,  if 
there  were  danger  of  a  man  dying  without  receiving  absolution; 
in  this  case  the  priest  must  use  the  shorter  form  given  by  the 
Ritual.82 

The  priest  will  be  more  eager  to  carry  out  the  directions  of  the 
Church  if  he  reflects  on  the  meaning  of  the  prayers  which  pre- 
cede and  follow  the  absolution ;  the  former  constitute  an  admi- 
rable preparation  for  that  great  act  of  mercy,  the  latter  a  most 
appropriate  crowning  of  the  same;  all  secure  a  special  help  for 
the  penitent.  Even  the  blessing  which,  according  to  some 
rituals,  the  priest  is  enjoined  to  give  with  the  words :  Dominus  sit 
in  corde  tuo  et  in  labiis  tuis  ut  digne  et  competenter  (or  rite)  con- 
fitearis  peccata  tua.  In  nomine  Patris  >i*  et  Filii  et  Spiritus 
Sancti.  Amen,  is  important.  The  accusation  of  so  many  sins 
is  a  heavy  burden  to  the  penitent;  false  shame  and  the  devil 
will  unite  to  deter  him  from  a  sincere  accusation;  and  so  the 
priest  prays  that  the  Lord  with  His  grace  may  so  act  on  the 
heart  of  the  penitent  that  with  sincerity  and  contrition  he  accuses 
himself  of  what  burdens  his  conscience.  In  the  Misereatur  the 
priest  prays  that  God  may  grant  in  His  mercy  remission  of  the 
sins  which  the  penitent  confesses,  and  give  him  eternal  life 
(anticipando  by  sanctifying  grace,  and  perfectly  in  the  next 
world).  The  Indulgentiam  contains  the  same  petition  for  "grace, 
absolution,  and  remission,"  of  sins  confessed  and  of  all  others; 

82  It  is  not  de  necessitate  to  raise  the  hand  at  the  Indulgentiam,  to  make 
the  sign  of  the  cross  at  the  in  nomine  Patris,  etc.,  or  to  uncover  the  head  in 
giving  the  absolution;  and  distinguished  authors  maintain  that  it  is  not 
sinful  to  omit  these  ceremonies ;  it  is  advisable,  however,  in  this  matter  to 
conform  to  custom.     Scavini,  Theol.  Moral.  Universa,  Tom.  IV.  n.  76. 


54      PENANCE   AS    A     VIRTUE    AND    AS    A    SACRAMENT 

it  is  not  meant  as  a  mere  repetition,  as  a  sort  of  compliance 
with  Our  Lord's  counsel  of  insisting  on  the  first  petition;  but 
in  the  repetition  of  the  synonyms  the  priest  is  no  doubt  intended 
to  plead  for  God's  mercy  and  power  that  the  penitent  may  have 
complete  forgiveness  of  sin.  This  perfect  forgiveness  includes 
also  the  remission  of  the  temporal  penalties,  since  these,  as  the 
reliquicB  peccatorum,  are  so  intimately  connected  with  the  sin 
itself  that  in  early  Christian  times  they  were  briefly  included 
under  the  category  of  peccata,  and  the  Church,  in  the  so-called 
general  absolution  given  on  the  occasion  of  a  plenary  indulgence 
of  temporal  punishment,  still  uses  the  formula  indulgentiam 
plenariam  et  remissionem  omnium  peccatorum  tibi  concedo. 

Then  the  priest  goes  on  to  reconcile  the  penitent  to  the  Church 
by  the  removal  of  all  censures  which  close  the  door  to  the  Sac- 
raments and  other  means  of  grace.  This  absolution  from  cen- 
sure should  always  precede  that  of  the  sins  as  a  measure  of 
precaution  even  when  no  sins  involving  censure  have  been  con- 
fessed. The  Church  insists  on  this,  and  many  moralists  teach 
that  the  confessor  by  omitting  this  absolutio  a  censuris  would 
commit  a  venial  sin  by  his  disobedience  to  the  command  of  the 
Church.  Even  in  cases  of  the  most  pressing  urgency  the  priest 
should  use  the  form :  Ego  te  absolvo  ab  omnibus  censuris  et  pec- 
catis  in  nomine  Patris,  etc.83  St.  Alphonsus  does  not  regard 
this  omission  as  a  sin  if  the  priest  uses  the  formula  of  absolution 
with  the  intention  of  absolving  from  censure  as  well  as  sin,  and 
he  argues  from  the  words  of  the  Council  of  Trent,  which  says 
only  that  this  clause  is  added  laudabiliter.Si  If,  however,  a 
penitent  has  incurred  a  censure  and  the  priest  first  absolves 
from  the  sin  and  afterwards  from  the  censure,  such  inversion 
of  the  order  would  be  matter  of  grievous  sin  when  the  censure 
is  excommunication  debarring  from  the  reception  of  the  Sacra- 
ments;   not,  however,  in  the  case  of  suspension  or  interdict. 

83  Rt.  Rom.  De  Sacram.  Poenit. 

84  Sess.  XIV.  cp.  3.     Cf.  S.  Alph.  n.  430,  Dub.  4. 


THE    FORM    OF    THE    SAC  HAM  EXT  55 

This  inversion  would  also  be  a  grievous  sin  even  if  the  priest 
intended  to  absolve  from  both  sins  and  censures,  although 
in  this  case  the  words  absolvo  te  a  peccatis  tuis  can  be  understood 
of  the  absolution  from  censures  on  account  of  the  intimate  con- 
nection between  the  two.85  Such  an  absolution,  therefore, 
would  be  valid  though  given  in  defiance  of  the  Church's  pre- 
scription, for  the  censure  does  not  affect  the  validity  but  only 
the  lawfulness  of  the  absolution.80 

The  penitent  must  be  present  and  the  absolution  pronounced 
over  him  by  the  confessor  if  it  is  to  be  valid.  This  is  abun- 
dantly clear  from  the  divine  institution  of  the  Sacrament,  from 
the  practice  of  the  Church,  and  from  a  decree  of  the  Head  of 
the  Church.  Hence  the  absolution  cannot  be  given  in  writing 
^or  by  signs.  According  to  the  teaching  of  the  Councils  of 
Florence  and  Trent  the  form  of  this  Sacrament,  as  of  all  the 
others  (except  that  of  matrimony,  where  a  mere  sign  of  consent 
is  sufficient),  is  in  the  words  which  the  priest  must  pronounce 
and  articulate  over  the  penitent.  The  Sacraments  owe  their 
institution  to  Christ ;  for,  though  matrimony  existed  as  a  divine 
institution  before  His  coming,  it  was  sanctified  by  Him  and  raised 
to  the  dignity  of  a  means  of  grace  in  His  Church.  The  essential 
rites  of  the  Sacraments  were  defined  by  Christ,  and  we  learn 
them  from  Scripture  or  tradition.  We  know  from  a  uniform 
tradition  that  the  form  of  all  the  Sacraments  except  matrimony 

85  Cf.  Aertnys,  1.  c.  cp.  IV.  art.  1 ;  Mazzotta,  Theol.  Moral.  Tract.  VI. 
Disp.  II.  Q.  IV.  cp.  I ;  Stotz,  1.  c.  L.  II.  Q.  III.  art.  1,  §  1,  n.  215;  Lehmkuhl, 
1.  c.  Sect.  I.  cp.  III.  §  3,  n.  270. 

80  The  word  Delude  which  connects  the  absolution  from  censures  with 
that  from  sins  appears,  from  the  latest  edition  of  the  Roman  Ritual  as 
revised  and  approved  by  the  S.  R.  C,  to  belong  to  the  form  (cf.  Edit.  I. 
post  typicam  Ratisbon,  1888,  specialiter  a  S.  R.  C.  recoguita)  ;  formerly  the 
word  was  printed  in  red  and  regarded  as  a  rubric  (cf.  Edit.  Romre  ex 
typogr.  Piop.  1876).  As  to  the  forma  deprecatoria  which,  according  to  Frank 
(Bussdisciplin),  was  in  use  till  the  twelfth  century,  see  Frank,  B.  ">,  K.  4  ; 
Morinus,  De  Poenitent. ;  Binterim,  Denkwiirdigkeiten,  Bd.  5,  Teil  1,  K.  6, 
§  3 ;  S.  Thorn.  III.  Q.  84,  a.  3  ;  Lehmkuhl,  1.  c.  n.  269,  not  a  2. 


56      PENANCE    AS    A    VIRTUE    AND    AS    A    SACRAMENT 

consists  essentially  in  words  articulated  by  the  lips;  as  for  the 
Sacrament  of  Penance,  the  evidence  is  clear  as  well  from  the 
actual  use  prescribed  in  all  penitentials  and  from  the  teaching 
of  the  Fathers,  as  from  the  decree  of  Eugenius  IV  to  the  Arme- 
nians. 

It  is  not,  however,  necessary  that  the  words  of  absolution 
should  be  heard  by  the  penitent  or  others;  in  fact  it  is  recom- 
mended to  say  them  in  a  low  voice,  so  that,  in  case  absolution  is 
for  some  reason  withheld  from  a  penitent,  others  may  not  know 
of  it. 

The  fact  that  the  absolution  should  be  pronounced  in  words 
requires  as  its  complement  that  the  penitent  should  be  present, 
for  the  words  Ego  te  absolvo  are  not  such  as  we  would  address 
to  a  person  when  absent,  but  thus  we  speak  to  one  who  is  nigh. 
The  form  must  certainly  be  applied  to  the  matter  actually 
present ;  moreover,  according  to  the  Council  of  Trent  the  sinner 
should  present  himself  before  the  tribunal  as  the  accused.  This 
is  quite  clear,  too,  from  the  constant  tradition  of  the  Church, 
in  which  all  penitentials  contain  a  form  which  is  pronounced 
over  one  who  is  present,  and  either  explicitly  require  the  imme- 
diate presence  of  the  penitent  before  the  confessor  or  evidently 
suppose  it;  nor  do  we  find  in  the  whole  of  antiquity  any  clear 
instance  of  a  sacramental  absolution  pronounced  over  an  absent 
person. 

A  confession,  therefore,  made  to  a  priest  by  writing  or  by 
messenger  is  invalid  if  the  absolution  is  given  to  the  penitent 
in  his  absence.  Moreover,  the  absolution  is  illicit  and  invalid 
if  given  to  an  absent  penitent  even  though  the  confession  has 
been  made  by  him  in  person  to  the  priest.  Further,  too,  the 
absolution  is  illicit  and  invalid  which  is  given  to  a  present  peni- 
tent who  has  not  confessed  in  person  to  the  priest  —  if,  for 
instance,  the  confession  has  been  by  letter;  exception  is  made 
for  the  case  where  the  penitent  presents  himself  to  the  priest 
and  for  some  good  reason  accuses  himself  only  in  general  of  sins 


THE    FORM    OF    THE    SACRAMENT  57 

about  which  he  has  informed  the  confessor  by  letter,  if  the 
latter  at  the  time  of  the  confession  retains  a  knowledge  of  the 
sins  in  particular.87 

The  prcesentia  moralis  of  the  penitent  is  sufficient  for  absolu- 
tion. This  condition  is  satisfied  if  the  priest  and  the  penitent 
are  sufficiently  near  to  hear  one  another  when  they  speak  in  an 
ordinary  tone  of  voice,  though  cases  may  occur  where  the  voice 
must  be  exerted  a  little  more  than  is  usual.88  In  general  greater 
proximity  is  required  for  valid  absolution  than  is  demanded 
for  hearing  a  preacher  or  for  satisfying  the  obligation  of  hearing 
Mass.80 

St.  Alphonsus  declares  with  respect  to  this  subject  that  Tam- 

87  With  regard  to  this  matter  Clement  VIII  in  Const,  data  d.  20  .Inn. 
1(!()2  condemned  the  following  proposition:  It  is  permitted  to  confess  one's 
sins  to  an  absent  confessor  by  means  of  a  letter  or  a  messenger,  and  to 
receive  absolution  from  the  same  confessor  though  still  absent.  Moreover, 
he  forbade  under  pain  of  excommunication  any  one  to  teach  this  doctrine 
or  to  make  use  of  it  as  a  probable  opinion.  The  condemnation  of  this 
proposition  by  the  Pope  involves  evidently  an  absolute  command,  and  the 
conclusion  is  fairly  drawn  that  the  confession  made  to  an  absentee,  as  well 
as  the  absolution  given  to  an  absentee,  are  both  illicit  and  invalid  ;  otherwise 
one  might  in  a  case  of  extreme  necessity  allow  the  practice.  The  Clemen- 
tine decree  is  to  be  taken  not  only  culli  ctivt  ///.  that  is,  as  legislal  ing  for  the 
case  where  both  confession  and  absolution  are  conveyed  by  absentees,  but 
also  disjunctively,  that  is,  as  legislating  for  the  case  where  confession  has 
been  made  to  an  absentee,  the  absolution  being  given  when  the  penitent 
presents  himself,  and  vice  versa.  This  was  decreed  by  Paul  V,  -July  14, 
1605.  More  information  may  be  found  in  Palmieri,  Tract,  de  Poenit.  pp. 
141-143  (Horn.  1879).  Cf.  Renter,  Neoconfessar.  P.  1.  n.  31  ;  Miiller,  1.  c. 
L.  III.  T.  II.  §  132;  Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  I.  n.  32  s.  Absolu- 
tion from  censure,  apart  from  the  absolution  from  sin.  may  be  conveyed  by 
writing  and  the  presence  of  the  penitent  is  not  required ;  similarly  censures 
may  be  inflicted  on  one  who  is  absent.  Without  grave  necessity,  however, 
the  absolution  from  censures  ought  not  to  be  given  in  the  absence  of  the 
penitent.     S.  Alph.  L.  VII.  n.  117. 

88  S.  Alph.  1.  c.  n.  429. 

89  Though  all  theologians  agree,  in  requiring  the  moral  presence  of  the 
penitent  for  valid  absolution,  they  vary  in  assigning  the  limits  of  that  pres- 
ence. Many  theologians  suppose  that  a  penitent  stationed  at  twenty  paces 
from  the  priest  may  be  regarded  as  morally  present;  this  distance  is  thought 
by  St.  Alphonsus  to  be  too  great. 


58      PENANCE    AS   A    VIRTUE    AND    AS    A    SACRAMENT 

burini  is  justified  in  rejecting  the  view  of  Leander,  who  holds 
that  the  moral  presence  is  secured  if  the  priest  sees  the  penitent 
or  is  sensibly  aware  of  his  presence.90  A  man  may  be  seen  at  a 
distance  at  which  it  would  be  impossible  to  hold  speech  with 
him  in  the  usual  manner  or  even  by  raising  the  voice.  If  in 
case  of  necessity  absolution  must  be  given  at  a  distance,  it 
should  be  given  sub  conditione. 

Hence  to  secure  the  validity  of  the  absolution  it  is  required 
(1)  that  the  confessor  and  the  penitent  should  not  be  in  rooms 
which  are  in  no  way  connected;  and  if  (2)  they  are  in  the 
same  room,  they  should  not  be  too  far  apart,  certainly  not 
more  than  twenty  paces;  if  the  distance  is  notably  less,  there 
need  be  no  misgiving  about  the  validity  of  the  absolution; 
finally  (3)  the  required  proximity  is  secured  if  the  priest 
knows  that  the  penitent  is  present. 

(a)  If  the  penitent  has  already  left  the  confessional  but  is 
still  close  by  the  confessor,  he  may  and  ought  to  be  absolved, 
even,  according  to  Lugo,  Tamburini,  and  others,  if  he  be  so 
merged  in  the  crowd  that  he  cannot  be  seen ;  the  confessor 
must,  however,  be  certain  that  he  is  not  or  cannot  be  far  off; 
for  the  penitent  is  still  morally  present  and  has  the  desire  of 
receiving  absolution.  The  penitent  ought,  however,  to  be 
recalled  if  this  can  be  done  without  causing  disturbance  or 
remark. 

(b)  If,  through  fear  of  infection  or  for  other  reasons,  the 
priest  cannot  enter  a  sick-room,  he  may  validly  absolve  the 
penitent  from  the  window  or  the  door.91 

(c)  If  at  a  distance  a  priest  sees  some  one  falling  from  a 
height  or  into  the  water,  or  if  he  knows  that  some  one  is  buried 

90  S.  Alph.  ].  c.  VI.  n.  429. 

91  The  priest  is,  however,  strongly  advised  not  to  be  too  nervous  in  exer- 
cising his  office  for  a  penitent  struck  down  by  an  infectious  disease ;  confi- 
dence in  God  joined  to  a  little  prudent  foresight  and  courage  will  be  more 
useful  to  him  than  a  cowardly  nervousness. 


CONDITIONAL    ABSOLUTION  59 

under  the  ruins  of  a  building,  etc.,  he  should  give  absolution 
conditionally.1'2 

Absolution  must,  under  ordinary  circumstances,  be  given 
absolutely;  for  weighty  reasons  it  may  and  ought  to  be  given 
conditionally  (conditione) . 

8.   Conditional  Absolution. 
It  is  the  unanimous  teaching  of  all  theologians  that  in  certain 
cases,  for  weighty  reasons,  the  Sacraments  may  be  administered 

92  Cf .  Reuter,  Neoconfess.  1.  c.  n.  31  ;  Scavini,  Theologia  Moralis  uni- 
versa,  Tom  IV.  n.  77;  Miiller,  1.  c.  §  132;  Aertnys,  1.  c.  Lib.  VI.  Tom.  V. 
cp.  IV.  n.  215,  Q.  6.  In  accordance  with  this  teaching  we  must  solve  the 
question  raised  whether  absolution  given  by  telephone  is  valid.  (Aloys. 
Sabetti,  S.J.,  in  Collegio  SS.  Cordis  ad  Woodstock,  Th.  Mor.  Prof.,  Compend. 
Theol.  Moral.  Gury  ...  ad  breviorem  formam  redactum,  etc.  Benziger, 
1884;  Alphons.  Eschbach  e  Cong.  8.  Spiritus  et  Imm.  Cord.  M.  Rectoris 
Sem.  Gall.  Romse,  La  Confession  par  telephone ;  Melata,  Manuale  Theol. 
Moralis,  De  Pcenit.  cp.  II.  art.  I.)  It  is  certain  that  the  use  of  the  telephone 
for  giving  absolution  is  extra  casum  necessitatis  a  grave  sin  because  it  intro- 
duces into  the  administration  of  the  Sacraments  a  practice  which  is  novel 
and  liable  to  misuse.  The  case  is  limited  to  the  question  whether  in 
urgent  need  the  use  of  such  a  method  can  be  tolerated  —  if,  for  instance,  a 
member  of  a  secret  society,  seized  with  a  dangerous  illness  and  anxious  to 
be  reconciled  with  the  Church,  but  debarred  by  his  associates  from  the  sight 
of  a  priest,  could  make  use  of  the  telephone  placed  in  his  room  to  call  up  a 
friendly  priest  and  make  his  confession  to  him  and  receive  absolution 
through  the  telephone.  Eschbach,  in  his  work  mentioned  above,  teaches 
that  such  an  absolution  is  quite  invalid.  Sabetti  acknowledges  that  the 
solution  of  the  question  involves  many  difficulties,  and  that  it  ought  to  be 
submitted  to  the  decision  of  the  Holy  See;  he  appears,  however,  to  incline 
to  an  affirmative  answer.  He  says  :  Though  it  is  true  that  moral  presence 
and  a  connection  between  matter  and  form  are  necessary  in  every  Sacrament, 
yet  this  exigency  varies.  Since  Penance  has  been  instituted  on  the  lines  of 
an  earthly  tribunal,  in  which  judge  and  accused  must  be  so  Ear  present  to 
one  another  as  to  be  able  to  speak  together,  the  absolution  in  the  given  case 
cannot  be  said  for  certain  to  be  invalid,  since  one  might  always  argue  thai 
the  priest  and  the  penitent  could  speak  together.  Against  this,  it  may  be 
objected  that  the  illustration  of  an  earthly  tribunal  is  not  quite  applicable, 
since  here  the  presence  of  the  accused  is  not  necessary,  for  he  may  be  con- 
demned in  contumaciam.  To  the  question  whether  in  casu  extremce  necessita- 
tis dari  pnssit  absolutio  per  telephonium?  the  Poenitentiaria  replied,  duly  L 
1884:  Nihil  esse  respondendum.  —  Bucceroni,  Enchiridion  Morale  (Romae, 
1887),  p.  119. 


60      PENANCE    AS    A    VIRTUE    AND    AS   A    SACRAMENT 

conditionally,  and,  what  is  more,  must  be  so  administered. 
With  regard  to  Baptism  and  Extreme  Unction  this  is  pre- 
scribed by  the  Roman  Ritual,  with  regard  to  Confirmation 
by  Benedict  XIV,  with  regard  to  the  Holy  Eucharist,  where 
a  doubt  exists  as  to  the  validity  of  the  consecration,  by  the 
Rubrics  of  the  Mass,  and  with  regard  to  Orders  by  the 
S.  Congregatio  Concilii.93 

The  question  now  under  consideration  is  whether  the  Sacra- 
ment of  Penance  given  conditionally  is  valid. 

Many  theologians  were  of  opinion  that  a  conditional  absolution 
was  opposed  to  the  judicial  character  of  this  Sacrament.  They 
argued  that  the  conditional  form  was  not  judicial,  and  in  partic- 
ular would  not  admit  a  condition  with  regard  to  law  {conditio 
juris),  on  which  the  confessor  was  bound  to  pronounce  judg- 
ment (e.g.  if  thou  art  prepared,  disposed,  etc.),  whereas  they 
permitted  a  condition  with  regard  to  the  fact  (conditio  facti)  (e.g. 
if  thou  art  alive).  This  distinction  is,  however,  irrelevant;  for 
even  though  the  question  of  the  penitent's  disposition  be  left- 
undecided,  still  the  priest  judges  (1)  of  the  sins  which  have  been 
confessed,  and  (2)  gives  his  sentence  on  the  apparent  worthiness 
and  preparation  of  the  penitent  and  the  penance  to  be  imposed; 
and  (3)  judges  on  the  advisability  of  conferring  conditional  ab- 
solution or  not,  according  to  the  effect  it  will  have  on  the  peni- 
tent. In  any  case,  the  argument  from  the  difference  which  a 
conditional  sentence  would  create  between  a  human  court  and 
the  sacramental  tribunal  proves  nothing,  since  the  two  courts 
differ  in  many  points.94  It  is  to  be  particularly  noted  that 
the  sentence  of  an  earthly  court  is  always  carried  out ;  while  the 
effect  of  the  sentence  which  the  priest  pronounces  in  the  divine 
tribunal  always  depends  on  conditions  known  only  to  God,  so 
that  the  priest's  sentence  is  always  conditional  even  when  it  is 
pronounced  in  an  absolute  form.     A  conditional  sentence  is  in 

93  Scavini,  Theologia  Moralis  Universa,  Tom.  III.  n.  479  (Ed.  Par.  1867). 
^  Cf.  Gury,  II.  1.  c.  n.  132,  2;  Ballerini.  Op.  Theol.  Mor.  1.  c.  cp.  I.  n.  27. 


CONDITIONAL    ABSOLUTION  61 

no  way  inconsistent  with  the  nature  of  a  judicial  judgment  cither 
in  general  or  in  the  Sacrament  of  Penance. 

Lehmkuhl  enlarges  on  this  point:"5  "It  is  not  repugnant  in 
a  civil  tribunal  for  a  judge  to  give  sentence  with  a  condition  like 
the  following,  for  instance:  'If  payment  be  not  made  by  a  cer- 
tain date/  or  to  grant  a  hearing  to  a  plaintiff  'provided  that 
such  or  such  document  be  found  among  his  papers,'  which  docu- 
ment, of  course,  he  will  order  to  be  searched  for  by  trustworthy 
men.  Indeed,  every  sentence  of  a  human  tribunal,  whether  in 
civil  or  in  criminal  causes,  is  seldom  pronounced  without  the 
implicit  condition  'if  the  evidence  of  the  witnesses  be  true';  for 
unless  it  rested  upon  this  supposition  and  condition,  the  sen- 
tence would  be  unjust  and  consequently  null,  more  especially  if 
pronounced  by  any  but  the  supreme  authority." 

Thus  the  sacramental  sentence  always  presupposes  that  the 
penitent  is  telling  the  truth  and  has  real  sorrow;  under  such 
circumstances  the  confessor  may  be  mistaking  even  when  he 
thinks  he  is  certain,  all  the  more  so  as  the  sacramental  sentence 
is  pronounced  always  ministerially,  and,  in  order  to  be  efficacious, 
must  be  in  accordance  with  the  sentence  of  God.  This,  how- 
ever, is  no  impediment  to  the  absolution  being  for  the  most  part 
pronounced  absolutely  both  as  to  form  and  intention.  This  the 
confessor  must  observe  as  long  as  he  has  no  solid  ground  for 
thinking  that  his  judgment  is  not  in  accordance  with  God's;  for 
a  condition  which  rests  only  on  a  possibility  or  on  a  groundless 
suspicion  is  practically  not  worth  considering  and  ought  not  to 
be  acted  upon;  in  reality  it  is  quite  sufficiently  implied  in  the 
nature  of  the  case. 

If,  however,  for  some  good  reason  it  is  to  be  feared  that  the 
judgment  of  the  confessor  is  different  from  that  of  God,  while 
the  pressing  necessity  of  the  case,  or  the  good  of  the  penitent 
requires  that  absolution  be  given  even  though  doubtful,  rcver- 


95 


Lehmkuhl,  P.  IT.  L.  I.  Tr.  V.  Sect.  I.  n.  272. 


62      PENANCE    AS    A    VIRTUE    AND    AS    A    SACRAMENT 

ence  for  the  Sacrament  demands  that  the  condition  be  added 
explicitly  in  word,  or  at  least  in  the  mind,  so  that  it  amounts  to 
a  protest  on  the  part  of  the  priest  that  where  the  condition  is  in 
default  he  withdraws  his  intention  of  pronouncing  the  sacred 
words  of  absolution  in  the  person  of  Christ. 

The  opponents  of  conditional  absolution  urge  in  favor  of  their 
view  the'  proposition  that  in  doubt  about  the  validity  of  the  Sac- 
raments the  safer  opinion  must  be  followed.  With  regard  to  the 
validity  of  conditional  absolution  there  is  no  doubt,  since  the 
views  of  its  opponents  have  no  probability  either  intrinsic  or 
extrinsic.  Moreover,  it  is  not  true  that  the  safer  opinion  with 
regard  to  the  validity  of  the  Sacraments  is  always  to  be  followed; 
for,  since  the  Sacraments  were  instituted  for  man's  benefit,  cases 
occur  in  which  the  Sacraments  must  be  exposed  to  the  danger 
of  nullity,  in  order  to  help  one  who  is  in  extreme  spiritual  neces- 
sity. An  instance  in  point  would  be  the  case  of  a  dying  man 
whose  dispositions  are  doubtful.  To  let  him  die  without  abso- 
lution would  surely  expose  him  to  the  certain  danger  of  dam- 
nation. Supposing  he  were  in  good  dispositions,  whatever 
misgivings  I  might  have  on  the  subject,  should  I  not  be  re- 
sponsible for  his  damnation?  I  might  have  opened  the  gates  of 
heaven  to  him  and  I  have  not  done  it!  Am  I  then  to  absolve 
him  without  any  condition?  But  supposing  he  is  not  disposed; 
even  if  the  Sacrament  were  not  nullified,  I  should  be  guilty  of 
having  exposed  it  to  the  clanger  of  invalidity.  From  such  a  di- 
lemma the  only  escape  is  the  use  of  conditional  absolution ;  by 
it  I  can  help  the  dying  man  if  he  is  in  good  dispositions,  and  I 
insure  the  Sacrament  against  nullity  when  I  have  the  intention 
of  not  conferring  it  unless  the  man  be  disposed.96 

Hence  theologians  teach  that  absolution  given  sub  conditione 
is  valid  if  the  condition  be  fulfilled;  the  condition,  however, 
must  be  de  prccsenti  or  de  pmterito;    absolution  given  under  a 

96  Cf.  Gury,  II.  n.  434. 


CONDITIONAL    ABSOLUTION  63 

conditio  dc  futuro  would  be  invalid,  for  in  a  conditio  de  Juturo  the 
minister  of  the  Sacrament  has  no  intention  of  conferring  the 
Sacrament  hie  et  nunc;  his  intention  would  rather  be  to  confer 
the  Sacrament  when  the  condition  will  have  been  fulfilled;  by 
that  time,  however,  the  matter  is  no  longer  present  which  for 
the  validity  of  the  Sacrament  must  be  joined  to  the  form.  On 
the  other  hand,  the  Sacrament  may  be  validly  given  under  a 
condition  de  pnvsenti  or  de  prccterito,  because  the  intention  is 
absolute  if  the  condition  is  fulfilled;  if  not  fulfilled,  the  inten- 
tion of  administering  the  Sacrament  is  wanting,  so  that  the 
Sacrament  is  not  exposed  to  irreverence.  In  this  case  the  con- 
ditional intention  passes  into  an  unconditional  one,  i.e.  becomes 
absolute.  But  the  conditional  intention  is  efficacious  for  valid- 
ity only  if  the  condition  is  completed  or  satisfied  at  the  moment 
when  the  matter  and  form  of  the  Sacrament  are  brought  to- 
gether. The  absolution  would  also  be  valid  if  it  were  given  with 
the  condition:  "if  you  are  alive,  if  you  are  baptized,  if  you  are 
present,  if  you  really  intend  to  make  restitution";  while  an  ab- 
solution would  be  invalid  if  given  under  conditions  such  as,  "if 
you  are  predestined,  if  it  be  in  the  mind  of  God  that  you  will 
make  restitution  this  year,"  since  such  knowledge  is  withheld 
from  men.  Finally,  an  absolution  given  with  the  condition,  "if 
you  are  going  to  improve,"  would  also  lie  invalid.07 

It  is  also  allowed  to  give  absolution  sub  conditione  when  there 
is  just  reason  for  so  doing;  and  in  case  of  necessity  the  priest  is 
bound  under  mortal  sin  to  give  conditional  absolution.98 

The  view  of  some  theologians  is  to  be  condemned  who  hold 
that  one  may  impart  conditional  absolution  for  any  insignificant 
reason,  or  without  urgent  need,  or  in  any  doubt  of  the  requisite 
dispositions  even  in  a  penitent  burdened  with  mortal  sin.  This 
is  a  doctrine  which  bears  too  openly  the  stamp  of  laxity,  and  it 


V  Cf.  S.  Alph.  1.  c.  Lib.  VI.  n.  25;  Stotz,  1.  c.  L.  IT.  Q.  TIT.  art.  T.  §  4 
98  Cf.  Declar.  8.  Inquis.  17  Juui  1715,  17  Dec.  1808,  20  Jul.  185  I 


64      PENANCE   AS    A     VIRTUE    AND    AS    A    SACRAMENT 

is  pernicious  to  souls.  What  a  number  of  sacrileges  would  fol- 
low from  such  a  practice !  The  confessor  would  be  no  longer  a 
faithful  and  prudent  minister  of  the  Sacrament,  he  would  be 
casting  pearls  before  swine,  and  by  his  too  easy  compliance 
in  giving  absolution  he  would  imperil  the  souls  of  his  peni- 
tents." 

On  the  other  hand,  we  cannot  admit-  the  teaching  of  those 
theologians100  who  hold  that  absolution  sub  conditione  is  per- 
mitted only  in  extreme  necessity  or  in  great  danger. 

A  sufficient  reason  for  imparting  absolution  under  condition 
would  be  in  the  case  where  unconditional  absolution  would  ex- 
pose the  Sacrament  to  danger  of  nullity  on  account  of  a  reason- 
able doubt  of  the  existence  of  some  one  or  other  of  the  requisites 
for  the  validity  of  the  Sacrament,  and  where  at  the  same  time 
by  putting  off  the  absolution  the  penitent  would  be  exposed  to 
danger  of  real  spiritual  harm. 

From  what  has  been  said  we  gather  that  in  the  following  cases 
absolution  may  be  given  sub  conditione:  — 

1.  If  the  priest  doubt  whether  he  has  absolved  a  penitent  who 
has  confessed  a  mortal  sin. 

2.  In  doubt  whether  the  penitent  in  question  is  morally 
present. 

3.  In  doubt  whether  the  penitent  is  alive  or  already  dead. 

4.  If  the  priest  doubt  (dubio  facti)  whether  he  has  jurisdic- 
tion, and  the  confession  must  be  made ;  in  such  a  case  the  con- 
fessor must  tell  the  penitent  that  he  has  given  absolution  only 
sub  conditione,  so  that  if  proof  be  forthcoming  later  on  that  juris- 
diction was  wanting,  the  penitent  will  know  that  he  has  not  been 
absolved  and  must  accuse  himself  again  of  the  mortal  sins  men- 
tioned in  that  confession.  If  the  doubt  turn  on  the  question  of 
law  {dubium  juris),  i.e.  on  a  point  where  theologians  do  not 


99  S.  Alph.  1.  c.  n.  432,  etc. 
100  Colletus,  "  acerrimus  probabilismi  impugnator. 


CONDITIONAL    ABSOLUTION  65 

agree  whether  absolution  can  be  given  in  such  a  case,  the  absolu- 
tion may  be  pronounced  without  any  condition.101 

5.  In  doubt  whether  the  matter  be  sufficient:  this  may  hap- 
pen (a)  when  an  adult  is  baptized  sub  conditione  and  is  to  be 
absolved  at  the  same  time;  and  (b)  when  a  penitent  declares 
only  some  imperfections,  and  there  is  doubt  whether  they  arc 
really  venial  sins,  and  when  the  same  penitent  can  offer  no  cer- 
tain sins  of  his  past  life.  To  such  a  penitent  absolution  may, 
according  to  a  probable  view,  be  given  at  intervals,  so  that  he 
may  not  be  deprived  for  long  of  the  benefits  of  the  Sacrament 
of  Penance ;  absolution  in  such  cases  ought  not  to  be  given  more 
than  once  a  month.  For  the  same  reason  absolution  can  be 
given  sub  conditione  when  the  penitent,  unable  to  present  cer- 
tain matter  from  his  past  life,  has  only  sins  of  less  moment  to 
confess  and  there  is  doubt  as  to  the  existence  of  sorrow  for  such 
sins.102  Moreover,  if  the  penitent  offer  no  certain  matter,  the 
confessor  is  not  bound  to  inquire  for  it  in  order  to  give  abso- 
lution, and  after  making  vain  inquiry  he  is  not  obliged  to  give 
absolution  sub  conditione,  since  the  penitent  in  such  case  has  no 
sure  claim  to  it. 

If,  however,  any  doubt  exists  as  to  the  presence  of  necessary 
matter,  or  whether  a  sin  confessed  along  with  the  imperfections 
be  mortal  or  not,  for  which,  however,  the  penitent  is  certainly 
contrite,  then  absolution  under  condition  must  be  given. 

6.  In  doubt  whether  the  necessary  dispositions  with  regard 
to  mortal  sin  are  present  conditional  absolution  may  sometimes, 
though  not  always,  be  given;  it  must  be  given  when  urgent  rea- 
sons counsel  such  a  step.     For  instance :  — 

(a)   To  those  who  are  in  danger  of  death,  from  whatever  cause. 

(6)    When  the  penitent  honestly  thinks  he  is  well  disposed, 

and  when  the  confessor  fears  that  if  absolution  be  refused  or  put 

101  Aertnys,  1.  c.  art.  TT.  n.  217;  Concina,  according  to  the  testimony  oJ 
St.  Alphonsus,  in  severas  sententias  generatim  deflectens. 

102  Lehmkuhl,  1.  c.  n.  27:). 


66      PENANCE   AS    A     VIRTUE    AND    AS    A    SACRAMENT 

off,  the  penitent  may  fall  into  worse  ways  or  be  frightened  away 
from  the  Sacraments,  or  that  he  will  certainly  receive  some  other 
Sacrament,  as,  for  instance,  Marriage  or  Confirmation,  in  an 
unworthy  state. 

Finally,  conditional  absolution  may  be  given  to  children  and 
others  of  whom  it  is  doubtful  whether  they  possess  sufficient  use 
of  reason  or  the  necessary  knowledge  of  the  truths  of  faith. 
These  may  receive  conditional  absolution  not  only  when  in  clan- 
ger of  death,  but  also  when  they  have  to  fulfill  the  law  of  the 
Church,  and  especially  if  they  have  confessed  a  sin  which  is 
doubtfully  or  probably  mortal;  they  must  be  so  absolved  even 
if  they  are  relapsing  sinners,  for  while  in  doubtfully  disposed 
penitents  who  have  the  full  use  of  reason  absolution  must  be  de- 
layed, since  hopes  may  be  entertained  that  they  will  return  bet- 
ter disposed  later,  in  the  case  of  children  or  feeble  minded  no  such 
hope  can  be  well  entertained.  Indeed,  according  to  a  probable 
view  such  penitents  may  receive  conditional  absolution  at  inter- 
vals of  two  or  three  months,  when  they  confess  only  venial  sins, 
that  they  may  not  go  for  any  considerable  time  without  the 
grace  of  the  Sacrament.  The  confessor  is,  however,  obliged  to 
instruct  children  and  feeble-minded  persons  and  to  dispose  them 
for  absolution.103 

We  answer  some  objections  urged  against  the  doctrine 
that  in  the  cases  mentioned  absolution  may  be  given  condi- 
tionally. 

1.  This  practice  is  full  of  danger  and  is  the  cause  of  many  sins. 
The  practice  is  full  of  danger,  it  is  true,  if  absolution  is  given 

indiscriminately  without  necessity  or  some  special  reason;  if, 
however,  the  rules  given  above  are  observed,  it  is  no  longer 
dangerous  or  harmful. 

2.  It  is  further  objected  that  a  penitent  conditionally  absolved 

103  S.  Alph.  1.  c.  n.  432;  Lacroix,  L.  VI.  p.  2.  n.  17D7;  Mazzotta,  Theol. 
Moralis,  Tract.  IV.  Disp.  II.  Q.  TV.  cp.  II.;  Ballerini,  Op.  Theol.  Moral. 
1.  e.  cp.  I.  n.  27;  Aertnys,  1.  c.  art.  II.  n.  217  ;  Lehmkuhl,  1.  c.  n.  273;  Gury, 

I.  e.  H.  n.  IT.. 


CONDITIONAL    ABSOLUTION  67 

will  approach  the  altar  and  make  a  sacrilegious  communion,  a 
risk  not  to  be  incurred  lightly. 

The  confession  of  such  a  penitent  is  not  sacrilegious,  hence  the 
communion  is  not;  for,  by  supposition,  the  penitent  is  in  good 
faith.  At  the  worst  the  communion  would  be  without  fruit  or 
profit;  nor  can  we  say  that  the  communion  is  quite  useless,  for 
its  reception  is  an  occasion  for  eliciting  different  acts  of  virtue. 
Indeed,  according  to  the  common  teaching  on  this  subject,  the 
communicant  who  receives  in  mortal  sin  and  with  imperfect 
contrition,  yet  in  good  faith,  is  placed  thereby  in  a  state  of 
grace.  To  make  an  act  of  imperfect  contrition  should  not  be 
a  great  difficulty,  since  holy  communion  usually  arouses  pious 
emotions  of  love  and  sorrow  in  those  who  approach  in  good 
faith. 

3.  It  is  likewise  objected  that  a  conditionally  absolved  peni- 
tent will  never  confess  his  sins  again,  and  if  he  is  not  rightly 
disposed  will  die  in  his  sins. 

It  may  be  replied  that  doubtfully  absolved  sins  arc  remitted 
(a)  by  the  reception  of  holy  communion,  as  we  have  already 
shown;  (/;)  indirectly  in  the  following  confession  along  with  the 
other  sins  which  he  confesses,  even  if  he  were  never  again  to 
submit  them  to  the  keys.  If  it  be  urged  hen1  that  the  penitent 
might  never  come  to  confession  again,  we  should  reply  that 
such  a  case  is  extremely  rare  and  to  be  treated  as  quite  improb- 
able. On  the  contrary,  the  penitent  would  be  exposed  to  much 
graver  risk  of  his  salvation  if,  in  a  situation  of  such  necessity  as 
we  postulate  for  the  giving  of  conditional  absolution,  he  were  to 
be  dismissed  without  it. 

4.  Another  objection  is  drawn  from  the  first  of  the  proposi- 
tions condemned  by  Innocent  XI,  whence  it  appears  that  no 
one  may  presume  to  follow  a  probable  opinion  in  dispensing  the 
Sacraments.  The  conclusion  drawn  is  that  no  one  may  give  an 
absolution  which  is  doubtfully  valid. 

This  practice  is  absolutely  forbidden  where  the  validity  of  the 


68      PENANCE    AS    A    VIRTUE    AND    AS    A    SACRAMENT 

Sacrament  and  the  welfare  of  the  individual  are  endangered  by 
such  administration  of  the  Sacrament ;  if,  however,  necessity  or 
solid  reasons  demand  such  practice,  it  is  allowed.104  Moreover, 
the  proposition  condemned  by  Innocent  is  concerned  only  with 
the  essential  portions  of  the  Sacrament,  the  validity  of  matter 
and  form  in  so  far  as  these  depend  on  the  minister  of  the  Sacra- 
ment. In  our  case  the  matter  is  presented  by  the  penitent  and 
is  outside  the  control  of  the  minister.  Otherwise,  indeed,  peni- 
tents might  often  enough  be  dismissed  without  absolution,  for 
frequently  no  certainty  can  be  had  as  to  their  dispositions,  but 
at  most  a  greater  or  lesser  probability. 

5.  Finally  some  would  limit  the  use  of  conditional  absolution 
to  cases  of  the  greatest  rarity  and  of  most  pressing  necessity  — 
when,  for  instance,  a  dying  man  is  quite  unconscious  or  already 
in  his  agony;  for  in  any  other  case  it  is  entirely  his  own  fault  if 
he  be  doubtfully  disposed.  This  is  the  view  of  the  anonymous 
author  of  the  Letters  against  the  distinguished  work  of  Cardinal 
Gousset :  Justification  de  la  doctrine  de  Saint  Liguori.105 

This  objection  is  based  on  several  false  premises:  — 

1.  It  is  untrue  that  one  who  is  doubtfully  disposed  is  certainly 
indisposed ;  it  is  at  least  per  se  untrue,  for  it  is  a  contradiction  in 
terms. 

2.  It  is  untrue  that  the  penitent  is  always  responsible  for  not 

104  Compare  S.  Alph.  De  Sacram.  in  genere,  n.  28,  29,  57,  and  De  Consci- 
entia,  n.  49;  Ballerini,  Op.  Theol.  Moral.  1.  c.  cp.  I.  n.  27:  "base  est  sen- 
tentia  certn,  licere  in  necessitate  administrare  sacramenta  sub  conditione." 

105  He  says  :  "  Necessity  is  but  very  seldom  a  ground  for  giving  absolution 
to  one  who  is  doubtfully  disposed  ;  for  a  dying  man,  with  only  an  instant  to 
spare,  and  in  the  possession  of  his  faculties,  has  only  himself  to  blame  if  he 
cannot  produce  an  act  of  perfect  contrition;  it  is  an  article  of  faith  that 
God  never  refuses  the  means  of  salvation  if  they  are  asked  with  confidence, 
and  for  such  a  soul  perfect  contrition  is  a  most  necessary  condition  for  sal- 
vation. If,  therefore,  he  has  only  doubtful  contrition,  it  is  his  own  fault, 
and  in  such  case  he  is  not  merely  doubtfully,  but  certainly,  unworthy,  and 
cannot  in  consequence  be  absolved.  There  remain,  then,  only  the  cases  in 
which  the  dying  man  cannot  express  his  sentiments  even  by  signs,  and 
then  the  principle  holds:  sacramenta  propter  homines." 


CONDITIONAL    ABSOLUTION  69 

seeming  certainly  disposed;  for  he  can  be  quite  prepared  with- 
out the  confessor  knowing  about  it;  again,  as  long  as  he  is  not 
certainly  unprepared,  he  may  be  actually  in  the  proper  disposi- 
tions. 

3.  Many  considerations  respecting  the  penitent's  salvation 
may,  as  we  have  seen,  urge  the  confessor  to  decide  on  giving 
rather  than  refusing  absolution.  At  times  the  priest  would  be 
guilty  of  the  gravest  imprudence  by  putting  off  the  absolution 
till  extreme  need  should  arise,  when  the  penitent  mighl  lie  unable 
to  avail  himself  of  the  Sacrament.  "Do  you  wish  to  put  off  the 
reconciliation  of  the  dying  man  to  his  God  till  the  moment  when 
he  can  no  longer  express  his  wishes?  Will  you,  in  order  to 
make  the  absolution  certain,  wait  till  the  penitent  is  at  the  last 
gasp,  so  that  it  is  doubtful  if  he  is  capable  of  receiving  the  Sac- 
rament? ...  I  repeat,  the  Sacraments  are  made  for  men,  not 
men  for  the  Sacraments.  By  pursuing  such  a  course  you  would 
act  in  opposition  to  Him  who  out  of  His  mercy  gave  us  the  Sac- 
rament; you  would  depart  from  the  spirit  of  the  Church  which, 
like  a  tender  mother,  administers  the  Sacraments,  when  you 
maintain  that  we  can  only  apply  the  principle  of  sacramenta 
propter  homines  in  cases  where  the  dying  sinner  cannot  even  by 
signs  express  what  is  going  on  in  the  recesses  of  his  soul."100 

10fi  Gousset,  Lettres  a  M.  le  Cure  .  .  .  Lettre  8.  Cf.  Gury,  1.  c.  II.  Tract,  de 
Sacram.  Pcenit.  P.  T.  n.  430-4:59;  Ballerini,  Op.  Theol.  Moral.  1.  c.  ep.  I.  nn. 
27  et  2fi,  where  he  signalizes  these  objections  as  inanes  objectiones  nonnul- 
loram,  etiam  recentiorum  in  Gallia,  </>u  antiqua  prajudicia  janseniana  incaute 
ebiberunt. 


Part   II 

THE   RECIPIENT   OF  THE  SACRAMENT  OF  PENANCE, 
OR    THE  ACTS    OF   THE  PENITENT 

9.   Who  can  Receive  the  Sacrament  of  Penance. 

Every  man  who  has  fallen  into  formal  sin  after  Baptism  is 
capable  of  receiving  the  Sacrament  of  Penance.  Whoever, 
therefore,  has  not  yet  been  baptized,  or,  having  been  baptized, 
has  committed  no  sin  since  Baptism,  is  incapable  of  sacramental 
absolution.  All  children  who  have  not  attained  to  the  use  of 
reason  are  unable  to  receive  this  Sacrament;  to  these  we  may 
add  such  adults  as  cannot  make  that  use  of  their  reason  which 
is  necessary  for  disposing  them  to  receive  this  Sacrament. 

In  order  that  a  baptized  person  may  make  a  valid  and  fruit- 
ful use  of  this  Sacrament,  he  must  elicit  those  acts  which  we 
have  mentioned  before;  he  must  be  genuinely  sorry  for  his  sins, 
be  ready  to  do  penance,  and  submit  his  sins  to  the  power  of  the 
keys  vested  in  the  Church.  These  acts  form  not  only  the  essen- 
tial and  necessary  dispositions  for  receiving  the  Sacrament,  but 
—  and  this  is  a  peculiar  feature  of  th  \  Sacrament  of  Penance 
they  are  also  the  materia  proxima.  The  following  sections  will 
be  devoted  to  the  consideration  of  these  acts  in  their  double 
aspect. 


» 


CHAPTER  I 

CONTRITION 

10.   Extent  and  Efficacy  of  Contrition. 

The  most  prominent  position  among  the  acts  of  the  penitent 
belongs  to  contrition. 

According  to  the  teaching  of  the  Council  of  Trent  contrition 
is  a  hearty  sorrow  and  detestation  for  past  sin  together  with  a 
firm  resolution  to  sin  no  more.1 

We  must  investigate  more  closely  the  essence  of  this  contrition. 
Contrition  is  a  hearty  sorrow;  this  sorrow  is  interior;  hence  the 
prophet  speaks  of  a  rending  of  the  heart  (scindite  corda  vestra! 
-Joel  ii.  13),  and  so  contrition  is  called  contritio  cordis,  a  grind- 
ing of  the  heart.  A  merely  external  show  of  sorrow,  the  mere 
recital  of  an  act  of  contrition,  is  therefore  not  a  true  sorrow. 
Moreover,  since  sorrow  is  a  moral  act  and  all  moral  acts  proceed 
from  the  will,  sorrow  must  have  its  roots  in  the  will. 

Many  very  different  things  may  cause  us  great  grief;  for  in- 
stance, the  death  of  a  dear  relation,  the  loss  of  earthly  goods, 
the  failure  of  our  plans  and  undertakings,  the  suffering  of  wrongs 
and  affronts,  experience  of  ingratitude  and  unkindness,  a  thought- 
less word  which  one  has  uttered,  a  mere  breach  of  etiquette  that 
one  has  committed.  Contrition,  however,  is  grief  of  the  soul  for 
past  >in. 

The  sins  of  others  may  cause  us  real  and  deep  feelings  of  pain. 
What  fervent  Christian  is  unconcerned  at  the  many  sins  which 
an>  daily  committed  and  the  many  affronts  offered  to  God  ?  We 
are  pained  by  them,  hut. we  cannot  be  contrite  for  them.     We  can 

•  Sess.  XIV.  cp.  t. 
71 


72  THE    BECIPIENT    OF   PENANCE 

have  contrition  only  for  the  sins  which  we  have  oiirselves  commit- 
ted—  de  peccato  commisso,  as  the  Council  of  Trent  expresses  it. 

This  being  the  case,  sorrow  as  understood  in  this  connection 
is  not  to  be  confused  with :  — 

(a)  Merely  speculative  sorrow  {dolor  intellectirus) ,  i.e.,  the 
mere  knowledge  of  the  hatefulness  and  horror  of  sin.  Reason 
when  not  blinded  can  recognize  and  must  recognize  clearly  the 
hatefulness  and  wickedness  of  sin;  yet  in  spite  of  this  knowledge 
the  will  may  cling  to  it  and  love  it;  indeed  such  cases  are  of 
frequent  occurrence. 

(b)  Or  the  feeling  of  guilt  or  the  remorse  of  conscience  (ter- 
rores  conscienti(v)  which  Luther  taught  to  be  of  the  essence  of 
true  sorrow.  The  feeling  of  guilt  may  be  present  without  the 
help  of  our  will,  and  even  against  our  will.  Remorse  of  con- 
science may  be  roused  in  us  without  our  wishing  it,  and  it  may 
happen  that  we  cannot  allay  it  even  when  we  wish  to  do  so. 

(c)  Finally,  the  resolve  to  amend,  the  resipiscentia,  and  even 
the  giving  up  of  the  sin  is  not  of  itself  true  sorrow ;  a  man  may 
forsake  his  sin  merely  because  he  has  indulged  in  it  to  excess, 
because  it  has  no  longer  any  attraction  for  him,  or  because  he 
has  become  tired  of  it. 

True  sorrow  is  not  merely  a  pain  and  bitterness  of  heart ; 
it  is  also  a  real  hatred  and  horror  of  sin;  but  hatred  and  horror 
are  acts  of  the  will,  for  it  is  the  will  which  hates  and  loves, 
shrinks  from  an  object  or  embraces  it.  The  will  may  shrink 
from  sin  at  the  same  time  that  sensuality  makes  us  crave  for  the 
sin;    the  will,  however,  must  not  give  way  to  the  craving. 

Sorrow  and  detestation  of  sin  are  in  themselves  distinct,  yet 
they  are  so  bound  up  in  man's  nature,  that,  where  there  is 
detestation  there  is  necessarily  also  sorrow,  so  that  true  and 
efficacious  sorrow  for  sin,  as  sin,  cannot  exist  without  detestation 
of  the  same.2 

2  Compare  on  this  subject  the  lengthy  discussions  of  Suarez,  De  Poeni- 
tentia,  Disp.  3,  Sect.  2 ;    Lugo,  De  Poenitentia,  Disp.  4,  Sect.  1 ;   Keuter, 


EXTENT    AND    EFFICACY    OF    CONTRITION  73 

As  to  the  question  whether  contrition  lies  more  in  sorrow  for 
sin  or  in  detestation  of  it --in  oilier  words,  in  dislike,  hatred, 
and  aversion -- theologians  answer  that  contrition  is  founded 
principally  on  detestation  for  sin,  and  with  reason,  for:  — 

(a)  By  this  detestation  the  sinner  retracts  his  evil  will  and 
turns  towards  God;  this  detestation  is,  moreover,  the  cause  of 
sorrow.  When,  therefore,  it  is  asserted  that  the  sinner  should 
above  all  have  sorrow  for  his  sins,  and  when  by  this  is  understood 
a  sorrowful  hatred  of  sin,  this  is  correct,  for  in  this  case  horror 
of  sin  is  there  with  its  complement.  Moreover,  we  must  not 
lose  sight  of  St.  Alphonsus'  dictum3  that  there  is  no  reason  to 
doubt  that  one  sentiment  includes  the  other;  he  who  has  a 
horror  of  his  sins  is  sorry  for  them,  and  whoever  is  supernaturally 
sorry  for  them  detests  them. 

Since  contrition  is  the  most  important  element  in  the  dispo- 
sition of  the  sinner,  it  is  proper  to  give  in  detail  the  acts  which 
belong  to  contrition,  and  to  show  how  the  sinner  may  attain  to 
perfect  contrition. 

First  and  foremost,  a  preliminary  act  of  faith  and  hope  of 
obtaining  pardon  by  the  merits  of  Christ  should  be  made.  How 
can  he  repent  of  his  sins  who  does  not  believe  that  there  is  a  God 
and  that  God  is  offended  by  sin,  who  does  not  believe  that  God 
is  faithful  to  His  promises  and  merciful  to  sinners,  and  who  does 
not  hope  that  God  will  pardon  him?  These  acts  of  faith  and 
hope,  though  they  need  not  be  made  explicitly,  are  the  founda- 
tions of  contrition ;  on  them  are  built  up  the  remaining  elements 
which  go  to  form  the  perfect  act.     These  arc :  — 

1.  The  knowledge  of  the  hatefulness  of  sin  as  an  offense 
against  God,  and  of  the  awful  punishments  which  the  sinner 

Theol.  Moral.  P.  TV.  n.  243;  and  particularly  the  very  lucid  exposition 
of  Palmieri,  Tract,  de  Pcenit.  (Pioma,  1879)  cap.  IV.  De  act.  poenit.  art.  I. 
§  1,  p.  214  sq. 

3  L.  c.  L.  VI.  n.  435.     Cf.  Ballerini,  Op.  Theol.  Mor.  1.  c.  de  Contritione, 
n.  14. 


74  THE    II  EC  IP  I  EN  T    OF    PENANCE 

incurs.  This  knowledge  is  necessary  in  order  to  acquire  contri- 
tion, for  the  law  of  man's  nature  makes  him  love  and  strive  for 
what  his  reason  proposes  to  him  under  the  appearance  of  good, 
and  hate  and  avoid  what  it  presents  as  evil. 

2.  An  act  of  the  will,  which  desires  to  avoid  the  evil  now 
known  as  such ;    on  this  follows :  — 

3.  The  hatred  of  past  sins  which  have  caused  that  evil,  and 
the  desire  of  undoing  the  sin  committed.  This  desire,  in  the 
abstract,  is  only  a  velleity  and  quite  inefficacious,  for  that  which 
is  done  cannot  be  undone;  but  it  is  of  efficacy  in  so  far  as  it 
means  a  wish  to  undo,  if  it  were  possible,  the  sin  by  which  God 
has  been  offended  and  punishment  incurred. 

4.  From  this  hatred  there  arises  in  the  rational  appetite  or  in 
the  will  a  sorrow  and  real  distress  that  the  sins  have  been  com- 
mitted;  hence  also  follows:  — 

5.  In  the  sensitive  appetite,  by  picturing  to  ourselves  the 
horror  and  evil  consequences  of  sin,  a  certain  hatred  and  sorrow, 
which  may  become  so  keen  as  to  produce  sighs  and  tears. 

6.  The  resolve  and  firm  determination  never  more  to  sin 
and  offend  God,  or,  what  comes  to  the  same  thing,  a  resolution 
to  observe  faithfully  and  perfectly  God's  commands. 

7.  Finally,  there  appears  in  the  truly  repentant  sinner  a 
willingness  to  render  satisfaction  to  God  for  past  sins,  to  chas- 
tise and  punish  himself,  and  to  repair  God's  honor.4 

Contrition   is   either  perfect   or  imperfect5  according  as   the 

4  Stotz,  Tribunal  Pceuitent,  Lib.  I.  P.  II.  Q.  I.  art.  II. 

5  This  is  the  distinction  given  by  the  Council  of  Trent  in  Sess.  14,  cp.  4 : 
Perfect  contrition  is  very  aptly  and  simply  called  contritio  in  its  resti-icted 
meaning,  while  imperfect  contrition  is  called  attritio.  The  figure  is  taken 
from  solid  bodies  which,  when  pounded  to  dust,  are  contrita,  but  when 
broken  into  fragments  are  attriia.  "  The  heart  of  man  may  be  compared 
to  wood  for  kindling.  By  contrition  {contritio  and  attritio)  the  heart  is 
rubbed;  as  the  rubbing  is  increased,  the  heart,  like  wood,  becomes  drier 
and  warmer,  till  there  bursts  forth  a  flame:  this  flame  is  sanctifying  grace; 
and  just  as  fire  consumes  wood,  so  charity  consumes  the  crushed  heart  {cor 
contrition)  and  burns  out  its  sin."     (Oswald,  Die  dogmat.  Lehre  von  den 


EXTENT    AND     EFFICACY    OF    CONTRITION  75 

sorrow  and  hatred  arise  from  a  motive  of  perfect  love  or  of  some 
supernatural  motive  which  is  inferior  to  perfect  love  Since  we 
understand  here  by  love  (caritas)  the  amor  benevolenticv,  by 
which  we  love  God  above  all  things  for  His  own  sake,  i.e.  on 
account  of  His  infinite  perfections,  we  may  define  perfect  con- 
trition (contritio)  as  a  sorrow  and  hatred  for  past  sins  together 
with  a  firm  purpose  never  more  to  sin,  because  sin  is  an  injury 
to  God,  who  is  loved  above  all  things  for  His  own  sake. 

Imperfect  contrition  (attritio)  may  be  founded  on  many  other 
supernatural  motives;  these  are  usually,  as  the  Council  of  Trent 
declares,  the  fear  of  hell  or  punishment  and  the  hatefulness  of 
sin.6  Thus  imperfect  contrition  may  be  defined:  sorrow  and 
detestation  of  past  sin  with  the  determination  never  more  to 
sin,  because  sin  is  an  offense  against  God,  who  utterly  abhors 
it  on  account  of  its  hatefulness  and  avenges  it  with  punishment. 
The  thought  of  God,  the  supreme  Lord  of  all,  infinitely  holy,  to 
whom  sin  is  detestable  by  its  shamefulness,  fills  the  sinner  with 
confusion;  the  thought  of  God,  who  punishes  sin  with  infinite 
justice,  fills  him  with  fear  of  the  punishments  of  sin,  and, 
impelled  by  this  fear,  he  repents  of  having  offended  God  by 
his  sin. 

Perfect  and  imperfect  contrition  coincide  in  this  respect,  that 
they  are  both  a  supernatural  sorrow  and  hatred  for  sin  regarded 
as  an  injury  to  God;  they  differ,  however,  specifically  in  this, 
that  perfect  contrition  proceeds  from  perfect  love  of  God,  and 
imperfect  contrition  from  a  variety  of  other  less  noble  motives; 
they  also  differ  in  their  efficacy.7 

heilig.  Sakramenteu,  II.  Bd.  Fiinft.  Teil,  Zweit.  Abschnitt,  Erst.  Haupl  t. 
§  7,  3.  82.) 

6  Lugo,  De  Poenit.  Disput.  V.  Sect.  9,  n.  132;  Palmieri,  Tract,  de  Poenit. 
1.  c.  th.  21,  p.  223. 

7  Since  perfect  ci mtrition  arises  from  perfect  love,  it  is  of  great  impor- 
tance, after  considering  the  infinite  goodness  and  dignity  of  God,  to  make 
an  act  of  love  and  then  an  act  of  sorrow.  The  synod  assembled  in  1725 
under  Benedict  XIII  offers  a  form  of   contrition  which  was  composed    for 


76  THE   RECIPIENT    OF   PENANi  E 

11.   The  Essential  Features  of  Perfect  Contrition. 

According  to  the  unanimous  teaching  of  theologians,  which 
is  based  on  th3  Council  of  Trent,  perfect  contrition  proceeds 
from  perfect  love.  The  Council  declares  that  contrition  founded 
on  caritas  is  perfect :  that,  in  consequence,  its  perfection  depends 
on  caritas:  hence  in  order  to  acquire  a  complete  grasp  of  the 
nature  of  perfect  contrition  we  must  investigate  the  nature  of 
love,  its  degrees  and  kinds. 

The  love  of  God.  of  which  only  there  is  question  here,  has 
for  its  object  God  alone,  and  the  motive  of  this  love  is  similarly 
always  God  Himself.  There  are  many  aspects  under  which  God 
may  be  presented  to  us  as  an  object  of  love,  and  these  aspects 
determine  the  different  degrees  of  love.  First  of  all  there  are 
two  kinds  of  this  love:  pure  or  disinterested  love,  amor  bene- 
volentioB  (amicitice),  and  selfish  or  interested  love  (amor  concwpis- 
centia).  God  can  be  loved  because  He  is  most  worthy  of  love. 
because  He  is  good,  because  He  is  the  highest  good.  If  we  love 
God  for  His  own  sake  because  He  is  most  lovable  in  Himself 
(prout  est  iit  se  summum  bonum),  we  have  the  first  kind  of  love, 
the  pure  love  of  God:  if  we  love  Him  on  our  own  account  be- 
cause He  is  for  us  the  highest  good  (prout  nobis  est  summum 

the  use  of  children  :  "  My  Lord  and  my  God.  who  art  infinitely  good  and 
holy.  I  love  Thee  above  all  things  and  repent  with  my  whole  heart 
having  offended  Thee  so  often  by  my  sins.  I  detest  them  above  all  other 
evils.  I  humbly  beg  Thy  forgiveness,  and  I  promise  with  the  help  of  Thy 
grace  never  more  to  offend  Thee."  |  Collect.  Lacensis  Cone,  Tom.  I.  p. 
158,  Fribonrg.  1870.)  Another  form  is  given  by  St.  Alphonsus:  "My  God, 
Thou  art  infinitely  _  ;  therefore  I  love  Thee  above  all  things:  and 
because  I  love  Thee  I  am  sorry  for  all  the  sins  which  I  have  committed 
against  Thee.  O  infinite  Goodness.  My  God.  I  will  never  more  sin  against 
Thee:  I  will  rather  die  than  offend  Thee  again."  Perfect  contrition  might 
be  aroused  also  in  the  following  manner:  "  < )  Il^art  of  Jesus,  most  worthy 
of  all  love,  I  love  Thee  above  all  things,  and  therefore  I  am  sorry  fur  all  my 
"   them  above  all  things,  I  -     bv  them  I  have   offended 

Thee  and  incurred  Thy  anger.     I  am  firmly  resolved  never  more  to  offend 
Thee."     (Muller,  TheoL  Moral.  1.  c.  §  Hi'.) 


ESSENTIAL    FEATURES    OF    PERFECT    CONTRITION       u 

bonum),  we  have  the  second  kind  of  love.  The  pure  love  of 
God  is  called  perfect  love,  the  oilier  imperfect.  If  now  we  con- 
sider more  closely  the  imperfect  love  of  God,  we  find  two  de- 
grees. God  is  here  the  object  of  love  in  as  much  as  He  is  good 
to  man,  i.e.  on  the  one  hand  God  confers  His  benefits  on  man 
on  earth  and  His  everlasting  possession  in  heaven  completes 
the  happiness  of  man  hereafter,  and  on  the  other  hand  the 
loss  of  God  means  to  man  on  earth  unhappiness  and  suffering 
and  in  the  next  life  the  eternal  punishment  of  hell.  If  a  man 
disregards  totally  the  idea  of  God  as  a  person  to  be  loved  and 
keeps  in  view  only  his  own  selfish  interests,  he  evidently  loves 
only  himself,  thinking  merely  of  his  own  present  and  future 
well-being,  his  own  joys  and  sufferings,  his  own  reward  and  pun- 
ishment. Such  a  love,  which  hardly  deserves  the  name,  is 
downright  selfishness  and  is  rightly  called  a  mercenary  love 
{amor  mcrcenarius) .  This  love  corresponds  to  the  fear  which 
is  called  purely  servile,  timor  serviliter  servilis,  that  fear  which 
hates  only  the  punishment  and  not  the  sin,  which  cherishes 
the  inclination  to  sin,  so  that  a  man  would  sin  if  he  did  not  fear 
punishment.  Both  love  and  fear  of  this  kind  belong  to 
the  lowest  degree  and  destroy  all  supernatural  merit  and 
reward. 

But  there  is  an  imperfect  love  of  God  in  which  man's  heart 
really  turns  to  God  simply  because  God  is  good  to  him.  it  is  true, 
yet  so  that  he  loves  Him  efficaciously  and  really  and  regards 
the  loss  of  God  as  the  loss  of  all  good  and  the  greatest  of  misfor- 
tunes. Since  in  such  a  love  of  God  there  is  mingled  a  great  deal 
of  the  love  of  self,  so  that  one  love  is  not  present  without  the 
other,  it  cannot  yet  be  called  the  pure  love  of  God,  but  receives 
a  special  name,  the  love  of  chaste  concupiscence,  <im<>r  casta  con- 
cupiscentice.  To  this  love  corresponds  that  fear  of  eternal  pun- 
ishment, which  does  not  exclude  the  thought  of  God.  which 
fears  the  punishment  of  hell  because  it  is  the  loss  of  the  vision 
of  God,  i.e.  the  parna  damni.      This  love  is  called  also  the  amor 


78  THE    RECIPIENT    OF    PENANCE 

spei,  because  in  it  the  hope  of  possessing  God  in  heaven,  the 
highest  reward  of  all  pure  souls,  is  an  essential  element. 

A  higher  grade  of  love,  midway  between  this  perfect  and 
imperfect  love,  is  called  the  love  of  gratitude,  amor  gratitudinis, 
in  which  we  love  God  for  the  benefits  which  He  has  conferred. 
When  this  love  is  prompted  more  by  the  thought  of  the  gifts 
than  the  giver,  more  by  the  benefit  than  by  the  love  of  the  bene- 
factor, it  approaches  in  quality  to  the  love  of  hope  {amor  spei); 
one  reflects  on  the  past,  the  other  on  the  future.  If,  however, 
the  motive  of  this  love  of  gratitude  directly  regards  the  giver 
and  his  good  will  towards  mankind,  then  God  is  loved  with  a 
pure  love,  for  God's  benevolence  and  love  towards  men  are 
intimately  united  with  His  perfections.  This  kind  of  love  of 
gratitude  may  well  be  classed  with  pure  love  or  caritas.  It  is 
a  perfect  love  (1)  because  God  is  loved  for  His  own  sake,  on 
account  of  His  infinite  goodness  and  love  and  generosity,  which 
are  identical  with  God  Himself;  (2)  because  it  is  a  benevolent 
love.  All  love  in  respect  of  its  object  is  either  selfish  or  benevo- 
lent; now  this  love  of  gratitude  is  not  selfish  because  it  does  not 
regard  its  own  profit,  nor  does  it  strive  to  gain  anything  for  itself ; 
(3)  because  it  is  a  love  of  friendship,  for  it  is  a  love  which  wishes 
well  to  Him  who  loves  us  and  makes  a  return  of  love  for  love.8 

A  great  number  of  distinguished  theologians  assert  that  the 
love  of  gratitude  is  perfect  love,  and  the  contrition  based  on  it 
perfect  contrition.9  The  Council  of  Trent  might  be  adduced  in 
favor  of  this  view,  since  in  Sess.  14,  cp.  5,  can.  4,  it  enumerates 
among  the  motives  of  imperfect  contrition  merely  the  hateful- 
ness  of  sin  and  its  punishment  without  the  least  reference  to 
the  motive  of  gratitude.  It  is  of  considerable  moment  to  settle 
this  point  exactly,  for,  as  Deharbe  says,  "a  man  might  never 
know  how  to  elicit  an  act  of  perfect  contrition  if  he  were  to 
form  a  false  notion  of  perfect  love.     Who  can  deny  that  in 

8  Cf .  S.  Thomas,  II.  II.  Q.  106,  a.  5. 

9  Compare  Deharbe,  Die  vollkommene  Liebe  Gottes,  §  6,  pp.  139-170. 


ESSENTIAL    FEATURES    OF   PERFECT    CONTRITION       79 

many  cases  salvation  depends  on  an  act  of  perfect  contrition, 
and  that  even  where  it  is  possible  to  receive  the  Sacrament  of 
Penance  it  is  always  advisable  to  make  at  least  an  effort  to 
arouse  not  only  imperfect  but  also  perfect  contrition?"10 

We  should  be  loath  to  omit  the  remark  that  the  love  of 
Christ  crucified  is  an  eminent  incentive  to  perfect  love,  and 
that  the  sorrow  for  sin  which  is  founded  on  the  thought  that 
sin  was  the  cause  of  the  awful  sufferings  and  shameful  death  of 
Our  Saviour,  belongs  to  perfect  contrition.  A  man  who  is  well 
disposed  towards  Christ,  believing  Him  to  be  God,  has  all  that 
is  required  to  arouse  perfect  love;  and  if,  influenced  by  this 
love,  he  detests  and  determines  to  avoid  all  that  brought  such 
great  suffering  on  Christ,  he  is  exercising  an  act  of  perfect  love 
and  contrition.11 

This  love  is  most  intimately  connected  with  the  love  of  grati- 
tude, since  "for  our  sins  was  He  wounded  and  for  our  iniquities 
was  He  stricken."  Indeed  nothing  is  so  calculated  to  fill  us 
with  gratitude  towards  God  as  the  thought  of  all  that  the  Son 
of  God  has  done  and  suffered  for  us.  The  crib,  the  cross,  and 
the  Sacraments  are  the  three  great  monuments  of  His  enduring 
love  towards  lis,  and  at  the  same  time  they  are  the  three  inex- 
haustible founts  of  motives  of  our  love  for  Him.  Hence  it  is 
that  the  Church  recalls  to  us  so  frequently  these  benefits  of 
Christ.  "When  we  meditate  upon  her  ceremonies  and  practices, 
the  spirit  of  her  feasts  and  solemnities,  her  altars  and  temples, 
her  prayers,  the  sense  of  the  liturgies  and  the  object  of  her  devo- 
tions, our  thoughts  are  compelled  to  consider  the  marvelous 
love  of  God  and  what  Our  Saviour  has  done  and  suffered  for  us, 
and  we  are  reminded  to  be  thankful  to  the  Lord  and  to  requite 
His  love  with  our  love."  12 

10  See  Perfect  Contrition  by  "Von  den  Driesch,  translated  by  Father  J. 
Slater,  S.J. 

11  Lehmkuhl,  Theol.  Mor.  P.  I.  Lib.  I.  Tract.  T.  cp.  III.  §  1. 

12  Deharbe.  Die  vollkoinmene  Liebe  Gottes.  p.  158. 


80  THE    RECIPIENT    OF    PENANCE 

From  this  love  of  gratitude,  as  the  first  stage  on  the  way  to 
pure  love,  we  may  ascend  yet  higher  and  attain  to  that  entirely 
pure  love  by  which  we  seek  God  as  the  highest  good  in  Himself, 
as  infinite  beauty,  as  complete  perfection,  as  the  source  of  all 
goodness,  beauty,  and  perfection,  'without  reference,  so  far  as 
that  is  possible,  to  our  own  profit.  This  love  is  shown  by  joy 
in  God's  perfections  (amor  complacenticc) ;  the  soul  which  has 
this  love  forgets  itself  and  is  lost  in  the  object  of  its  love  for 
which  alone  it  lives;  its  sole  desire  is  God's  happiness  (amor 
benevolentice) ,  and  it  would  willingly  add  to  it  (amor  desiderii); 
but  since  such  increase  is  impossible  it  rejoices  in  things  as  they 
are  (amor  gaudii). 

It  cannot  be  disputed  that  such  a  disinterested  love  is  possible 
on  earth,  since  many  pious  souls  have  had  it  in  an  eminent 
degree ;  still  it  must  be  observed  that  although  the  higher  stages 
of  love  surpass  and  in  surpassing  absorb  the  lower,  they  do  not 
eliminate  them  entirely;  on  the  contrary,  this  pure  love  does 
not  and  cannot  exclude  the  love  of  hope.  It  is  the  explicit 
teaching  of  the  Church  that  love  for  God  on  earth  cannot  be 
so  disinterested  as  to  exclude  all  thought  of  ourselves  and  our 
eternal  welfare. 

This  stage  of  love  answers  to  filial  fear  (timor  filialis)  when 
one  thinks  no  longer  about  punishment  nor  fears  it,  but  dreads 
to  give  displeasure  or  offense  to  the  beloved  one  and  carefully 
avoids  all  that  arouses  the  anger  of  God. 

The  sorrow  arising  from  perfect  love  is  therefore  perfect 
sorrow,  contritio.  This,  like  unselfish  love,  may  have  varying 
stages  of  intensity  13  and  may  be  more  or  less  perfect;  no  special 
degree  of  intensity,  however,  is  required,  and  the  lowest  is  suffi- 
cient. It  is  only  right  and  desirable,  however,  that  we  should 
have  the  greatest  sorrow  possible  for  our  sins,  penetrating  soul 
and  body,  so  that  the  whole  man  may  repent  of  his  faults  and 

13  Cf.  S.  Thomas,  Supplem.  Q.  5.  a.  3  ;  S.  Alphons.  Lib.  VI.  n.  441 ;  Gury, 
II.  n.  453  ,  Palmieri,  4'ract.  de  Poenitentia,  Thes.  XXIV.  p.  262  sq. 


EFFECTS    OF    PERFECT    CONTRITION  81 

the  tools  of  sili  become  again  instruments  of  love.14  This, 
however,  is  not  always  in  our  power,  ami,  being  a  grace,  we  must 
ask  for  it. 

We  may  now  sum  up  our  conclusions:  Perfect  contrition, 
contritio,  is  the  hatred  of  sin  proceeding  from  a  pure  love  of  God 
with  a  firm  resolution  of  amendment,  a  disposition  which  in- 
cludes filial  fear,  and,  so  far  from  excluding  the  hope  of  salva- 
tion and  fear  of  punishment,  tends  rather  to  develop  them.15 

12.   The  Effects  of  Perfect  Contrition  and  the  Obligation  of 

Procuring  it. 

Perfect  contrition  restores  the  sinner  to  grace  at  once,  even 
before  he  has  approached  the  Sacrament  of  Penance1,  though 
the  desire  of  receiving  the  Sacrament  is  necessary;  it  removes 
the  eternal  punishment  and  in  part  the  temporal  punishment. 

The  first  part  of  this  statement  is  fidei  proximo.,  for  the  Coun- 
cil of  Trent  teaches10  that  perfect  contrition  reconciles  man 
to  God  before  the  Sacrament  is  received,  but  that  this  reconcilia- 
tion by  perfect  contrition  is  not  effected  without  the  desire. 
which  is  included  in  the  act  of  contrition,  of  receiving  the  Sacra- 
ment. This  doctrine  was  confirmed  by  the  condemnation 
pronounced  by  Gregory  XIII  and  Urban  VIII  on  the  twenty- 
first  and  thirty-second  of  the  propositions  of  Baius.  Baius  and 
Jansenius  taught  among  other  things  that  perfect  contrition 
without  the  Sacrament  cannot  restore  to  grace  unless  in  excep- 
tional circumstances,  e.g.  in  martyrdom,  at  the  hour  of  death, 
when  there  is  no  possibility  of  confessing,  or  when  it  is  summe 
intensa. 

14  Cat.  Roman.  P.  II.  cp.  5,  n.  27. 

15  Compare  Oswald,  Die  dogmat.  Lehre  von  den  heil.  Sakramenten, 
Fiinfter  Teil,  Zweiter  Abschnitt,  §  7,  III.  Anil.  S.  71  if.;  Deharbe,  Die  voll- 
kommene  Liebe  Gottes,  §§  2,  3,  6,  8;  Suarez,  De  Poen.  Disp.  II.  Sect.  3  et 
Disp.  IV.  Sect.  2;  Ballerini,  Op.  Theol.  Mor.  1.  c.  n.  35-42;  Palmieri,  Tract. 
de  Poen.  Thes.  IV,  V ;  Lehmkuhl,  Theol.  Mor.  P.  I.  L.  I.  Tr.  I.  n.  31S. 

16  Sess.  XIV.  cp.  4. 


82  THE    BECIPIENT    OF    PEN  AXLE 

Finally,  this  doctrine  of  the  efficacy  of  perfect  contrition  is 
clearly  expressed  in  Holy  Scripture  and  in  the  monuments  of 
tradition;  the  proofs  belong  to  the  domain  of  dogmatic  the- 
ology.17 We  add  only  a  single  consideration  which  springs 
from  a  well-known  principle:  Perfect  contrition  arises  from 
love  and  is  in  its  essence  nothing  but  an  act  of  love.  Now  per- 
fect love  unites  us  to  God,  so  that  we  live  in  Him  and  He  in  us.18 
This  perfect  union  with  God  overcomes  all  separation  from 
Him  which  arose  through  sin. 

Such,  then,  is  the  effect  of  perfect  contrition,  however  poor 
and  weak  it  may  be,  for  in  spite  of  this  it  is  a  sorrow  which  is 
inspired  and  informed  by  perfect  love.  Nor  does  a  greater 
or  less  degree  change  the  species ;  the  Council  of  Trent  is  positive 
in  its  declaration  that  perfect  contrition  reconciles  us  to  God, 
and  assigns  no  limit  which  must  be  attained  before  pro- 
ducing this  effect.  Such,  too,  is  the  unanimous  teaching  of 
St.  Thomas,19  St.  Alphonsus,20  and  the  other  great  theologians. 

The  sinner  is  restored  to  grace  by  perfect  contrition  without 
the  Sacrament  only  when  he  has  the  intention  of  receiving  it, 
for  the  actual,  or  at  least  intentional,  reception  of  the  Sacra- 
ment is  the  one  single  means  ordained  by  Christ  for  the  removal 
of  mortal  sin.  This  intention  is  included  in  the  act  of  perfect 
contrition,  as  the  Council  of  Trent  goes  on  to  teach;  hence  all 
theologians  hold  that  the  implicit  desire  (votum  implicitum)  is 
sufficient,  for  whoever  has  true  contrition  has  the  wish  to  fulfill 
all  the  commands  of  God,  and  hence  the  command  of  Christ 
enjoining  the  confession  of  sin.21     Perfect  contrition  is  an  act 

17  The  proof  is  well  developed  by  P.  Palmieri,  S.J.,  Tract,  de  Poenitent. 
Theses  XXII  et  XXIII,  p.  224  (Romse,  1879).  Cf.  S.  Thomas,  II.  II. 
QQ.  23-27. 

18  I.  John  iv.  10. 

19  Supplem.  Q.  5,  a.  3.  Quantumcvnque  parvus  $il  dolor,  dummodo  ad  con- 
tritionis  rationem  sufficiat,  omnem  culpam  delet. 

20  Lib.  VI.  n.  441. 

21  S.  Thorn.  Supplem.  Q.  5,  a.  2  ad  1.     Contritio  vera  non  fuit,  nisi  propo- 


EFFECTS    OF   PERFECT    CONTRITION  83 

of  perfect  love,  and  this  urges  man  to  fulfill  the  commands  of 
God  in  accordance  with  Christ's  words:  "lie  who  loves  Me 
will  keep  My  word."  22  Hence  it  may  happen  that  a  sinner  is 
justified  by  an  act  of  perfect  contrition  without  any  actual 
confession;  it  is  sufficient  that  he  docs  not  exclude  the  purpose 
of  confessing  his  sin.23 

The  resolution  to  confess  the  sin  does  not  include  the  resolu- 
tion to  confess  it  as  soon  as  possible  (quam  primum).  It  is 
enough  to  confess  when  a  precept  of  God  or  of  the  Church 
urges.24 

The  other  effect  of  perfect  contrition,  the  remission  of  eternal 
punishment,  follows  from  what  we  have  been  already  consider- 
ing; moreover  the  condemnation  of  Baius'  seventieth  proposi- 
tion makes  this  doctrine  proximo,  fidei.  This,  too,  is  the  teaching 
of  all  Catholic  theologians.25  The  guilt  is  removed  by  sancti- 
fying grace;  but  one  who  has  sanctifying  grace  is  a  child  of 
God,  and  has  as  his  heritage  a  claim  to  heaven. 

Finally,  we  gather  from  the  Council  of  Trent  2n  and  the  com- 
mon doctrine  of  theologians27  that  a  part  also  of  the  temporal 
punishment  of  sin,  in  proportion  to  the  intensity  of  contrition, 
is  remitted,  so  that  a  very  great  and  perfect  contrition  may 
blot  out  all  the  temporal  punishment. 

Two  very  practical  remarks,  applicable  both  to  confessor  and 
to  penitent,  may  find  their  place  here. 

Mortal  sin  is  not  forgiven,  and  the  sinner  is  not  reconciled  to 
God,  till  he  has  made  good   the  injury  done  to  God;    in  other 


$ilum  confitendi  habuerit  annexum  :  quod  debet  ad  effectum  reduci  etiam  proplt  r 
prceceptum  quod  est  de  eonfessione  datum. 

22  John  xiv.  2:5. 

23  S.  Alph.  Lib.  VI.  ii.  437,  Dub.  4. 

24  Lehmkuhl,  1.  c.  n.  275;  Miiller,  1.  c.  §  113,  2. 

25  S.  Thorn.  TIT.  Q.  89,  a.  1  ;  Suarez,  De  Poenit.  Disp.  X.  Sect.  2. 

26  Sess.  VI.  c.  14;  Sess.  XIV.  c.  8  et  can.  12. 

27  S.  Bonavent.  Theol.  verit.  L.  VI.  c.  24.     S.  Thomas,  Suppl.  Q.  5,  a.  2. 
Ballerini,  De  Poenit.  L.  VI.  c.  G. 


84  THE    RECIPIENT    OF    PENANCE 

words,  till  he  has  clone  penance.  This  is  a  truth  of  faith.28  It 
follows,  then,  that  he  who  has  the  misfortune  to  fall  into  sin  is 
obliged  to  repent  of  it,  and  in  such  wise  as  to  obtain  forgiveness ; 
to  adopt  any  other  course  is  to  frustrate  the  whole  end  of  his 
existence.  He  must  therefore  make  an  act  of  perfect  contrition, 
or  supplement  the  imperfect  contrition  by  the  Sacrament  of 
Penance. 

This  obligation  is  certainly  pressing  when  there  is  danger  of 
death,  because  it  is  the  necessary  means  for  salvation,  and  every 
man  is  bound  by  love  of  God  and  of  himself  to  take  precautions 
against  being  forever  an  enemy  of  God  and  of  being  involved  in 
eternal  damnation. 

The  question  now  arises  whether  on  other  grounds  there  is  a 
strict  obligation  of  making  an  act  of  perfect  contrition,  for 
instance,  from  the  consideration  of  God  who  has  been  offended, 
or  for  our  own  interests,  since  we  may  die  at  any  moment,  and 
because  one  who  is  in  a  state  of  mortal  sin  is  but  little  capable 
of  avoiding  other  mortal  sins. 

The  following  answer  may  be  given  :  — 

1.  God  might  have  insisted  that  the  sinner  should  make  good 
at  once  after  his  sin  the  evil  committed,  and  the  injury  done  to 
God  by  mortal  sin  would  be  quite  motive  enough  for  such  legis- 
lation. As  a  matter  of  fact  God  does  not  make  any  such  de- 
mand; instead  of  insisting  on  His  rights,  He  is  long-suffering 
and  permits  the  sinner  to  heap  offense  on  offense. 

On  the  other  hand,  a  man  cannot  remain  long  in  mortal  sin 
without  offending  God  again  and  once  more  incurring  sin;  for 
it  is  an  insult  to  the  love  we  owe  to  God  to  remain  long  a  slave 
of  the  devil  and  an  enemy  of  God,  and  such  behavior  on  the  part 
of  the  sinner  makes  him  guilty  of  contempt  of  God's  friendship 
and  rights.  To  incur,  however,  grievous  sin  in  this  way,  the 
neglect  to  make  an  act  of  perfect  contrition  must  have  extended 

28  Cf.  Trid.  Sess.  XIV.  1.  c,  from  which  we  infer  that  penance  is  neces- 
sary for  salvation  necessitate  medii. 


OBLIGATION    OF    PERFECT    CONTRITION  85 

over  a  considerable  time.  As  to  what  constitutes  a  considerable 
time,  it  is  not  easy  to  define  a  hard-and-fast  limit;  a  period  of 
several  years  would  certainly  be  considerable,  and  it  would  be 
a  grave  sin  to  remain  so  long  a  time  in  the  state  of  mortal  sin ; 
but  a  man  who  reconciles  himself  to  God  within  the  limits  of 
the  time  prescribed  by  the  Church  for  confession  would  certainly 
not  incur  a  new  sin  per  se,  special  circumstances,  of  course, 
being  excluded  which  might  demand  that  an  act  of  perfect  con- 
trition be  made  at  once.29 

The  possibility  of  dying  before  being  reconciled  to  God  is 
certainly  a  very  strong  motive  to  induce  a  man  to  consult  the 
safety  of  his  soul  and  to  free  it  as  soon  as  possible  from  the  state 
of  mortal  sin;  for  at  any  moment  death  may  surprise  a  man 
without  warning.  If,  however,  there  be  no  pressing  danger  of 
death,  that  possibility  is  not  sufficient  to  make  delay  of  recon- 
ciliation a  new  sin;  hence  one  who  dies  a  sudden  death  may 
be  plunged  into  hell  by  sins  for  which  he  had  not  atoned, 
but  he  would  not  be  guilty  of  a  new  sin  by  having  put  off  his 
repentance. 

But  there  is  an  obligation  to  avoid  putting  off  for  a  long 
time  one's  conversion,  and  hence  an  act  of  perfect  contrition 
after  mortal  sin,  because  a  man  in  the  state  of  mortal  sin  is  in 
the  greatest  danger  of  falling  into  other  mortal  sins,  since  he  has 
not  strength  enough  to  vanquish  severe  temptations  and  to  with- 
stand the  violence  of  his  passions,  and  since,  as  St.  Gregory  the 
Great30  says,  the  unrepented  mortal  sins  which  burden  his  soul 
diaw  him  by  their  weight  into  other  worse  sins.  "Without 
sanctifying  grace  it  is  not  possible  to  refrain  long  from  mortal 
sin,"  says  St.  Thomas;31  the  sinner  might,  if  he  wished,  have 


29  Ballerini  deals  excellently  with  this  point  in  his  Op.  Theol.  Mor.  in  cp. 
III.  De  prsec.  et  oblig.  confession,  a.  K>8  ss.  Cf.  Suarez,  De  Pcenit.  Disp. 
15,  Sect.  6,  n.  7  ;  Sporer,  De  Pom.  n.  186. 

80  In  Ezechiel,  Lib.  I.  Horn.  11,  n.  24. 

31 1.  II.  Q.  109,  a.  8. 


86  TEE    RECIPIENT    OF   PENANCE 

the  necessary  moral  strength  to  overcome  temptation  and  to 
resist  his  passions;  he  might  curb  them  by  the  divine  power  of 
grace;  but  there  is  the  law  of  the  distribution  of  God's  graces, 
that  God  gives  only  to  those  who  love  Him  efficacious  grace, 
and  while  a  man  persists  of  his  own  free  will  in  the  state  of  sin 
and  enmity  with  God,  he  equivalent ly  expresses  his  contempt  of 
grace  and  so  makes  himself  unworthy  of  it.  As  God  is  ever 
pouring  richer  and  richer  graces  on  those  who  make  good  use 
of  them  and  cooperate  with  them,  so  He  withdraws  them  from 
those  who  neglect  and  resist  them.  Hence  we  may  adopt  the 
well-founded  teaching  of  St.  Alphonsus,32  who  states  that  the 
sinner  ought  not  to  put  off  for  longer  than  a  month  his  reconcil- 
iation with  God;  in  other  words,  that  the  act  of  perfect  contri- 
tion should  not  be  delayed  beyond  that  time.  By  such  delay 
he  would  incur  a  new  sin.  This  subject,  moreover,  is  intimately 
connected  with  the  duty  of  eliciting  the  act  of  love ;  for  accord- 
ing to  a  very  probable  opinion  of  many  theologians,  of  whom 
the  authority  is  recognized  and  approved  by  St.  Alphonsus,  we 
are  bound  to  elicit  at  least  once  a  month  an  act  of  love,  because 
we  should  keep  God's  commands  either  not  at  all  or  at  least  with 
great  difficulty  if  we  failed  for  so  long  a  time  to  elicit  such  an 
act,  and  if  we  were  so  little  solicitous  about  our  duty  of  loving 
God.  It  is  impossible  to  make  an  act  of  perfect  love  without 
bewailing  one's  sins  by  which  a  God  so  infinitely  worthy  of  love 
has  been  offended.  Hence  St.  Alphonsus  in  his  practical  direc- 
tions to  confessors  says:33  "The  duty  of  making  an  act  of  con- 
trition is  urgent  when  one  is  obliged  to  make  an  act  of  love."  3i 

32  Lib.  VI.  n.  437. 

33  Tract.  16,  cp.  2,  n.  10. 

34  The  question  raised  by  theologians  as  to  whether  it  is  a  distinct  sin  to 
put  off  eliciting  the  act  of  perfect  contrition  and  reconciliation  with  God, 
must  be  answered  in  the  affirmative,  for  Holy  Scripture  enjoins  us  not  to 
delay  our  conversion  or  to  put  off  penance  from  day  to  day,  because  the 
anger  of  God  may  come  upon  us  when  we  are  so  unprepared  (cf.  Ecclus.  v. 
8,9,  where,  however,  no  express  command  is  laid  down),  and  because  the 


OBLIGATION    OF    PERFECT    CONTRITION  87 

Since  the  faithful  for  the  most  part  are  ignorant  of  any  obli- 
gation of  making  an  act  of  perfect  contrition  within  a  given 
time  after  falling  into  mortal  sin,  and,  therefore,  incur  no  sin 
by  the  non-fulfillment  of  it,  the  confessor  need  not  trouble  him- 
self to  make  inquiries  about  it  in  the  past  life  of  his  penitents; 
indeed  he  may  abstain  from  instructing  them  on  the  existence 
of  such  obligation.  But  he  should  not  fail  -  without,  however, 
mentioning  that  neglect  means  a  new  sin  -  -  to  urge  his  penitents 
by  other  motives  to  return  to  a  state  of  grace,  for  the  future,  as 
quickly  as  possible  after  falling  into  mortal  sin,  at  least  by  an 
act  of  perfect  contrition,  and,  if  occasion  offer,  by  going  to  con- 
fession. Sad  experience  shows  that  one  fall  into  mortal  sin  is 
very  soon  followed  by  others.35 

Finally,  there  is  an  obligation  (per  accidens)  to  awaken  per- 
fect contrition  when  one  has  to  exercise  some  act  for  which  a 
state  of  grace  is  required  and  the  Sacrament  of  Penance  is  not 
accessible.  A  priest,  for  instance,  is  in  a  state  of  mortal  sin  and 
is  called  upon  to  administer  one  of  the  Sacraments,  or  one  of  the 

prazceptum  caritatis  which  we  ought  to  obey  scepius  in  vita  calls  for  an  act  of 
contrition. 

Aertnys  reconciles  this  affirmative  opinion  of  Lugo,  Suarez,  St.  Alphon- 
sus,  etc.,  with  the  opposite  view  of  Navarro,  Vasquez,  Soto,  etc.,  declaring 
the  latter  to  lie  probable  per  se  loquendo,  while  the  former  is  true  de  obliga- 
tions per  accidens,  so  that  the  sinner  who  fails  to  elicit  an  act  of  perfect 
contrition  within  a  reasonable  period  is  not  to  be  acquitted  of  incurring  a 
new  mortal  sin.  Aertnys,  1.  c.  Lit).  VI.  Tract.  V.  cp.  '■>,  n.  168.  St.  Alphon- 
sus  expressly  condemns  the  view  of  Concilia  and  Roncaglia  that  a  delay  of 
a  week  is  a  considerable  period;  and  similarly  he  rejects  the  opinion  of 
Lavmann,  Lugo,  the  Salman ticenses,  Elbel,  etc.,  who  maintain  that  sin  has 
been  incurred  only  by  the  neglect  of  contrition  for  a  whole  year.  This 
latter  view  he  cannot  accept,  even  if  there  were  no  other  reason  than  the 
duty  of  eliciting  an  act  of  love  once  in  the  month.  Finally,  he  rejects  the 
opinion  of  some  theologians  that  a  sinner  must  elicit  acts  of  contrition  on 
feast-days  in  order  to  fulfill  the  object  of  sanctifying  the  festival  ;  the  gen- 
eral answer  is  made  that  the  object  of  any  given  precept  does  not  fall  under 
the  precept.     Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  III.  n.  1035  ss. 

85  Miiller,  1.  c.  Lib.  III.  I.  II.  §  115,  I;  Lehmkuhl,  1.  c.  n.  278;  Aertnys, 
1.  c.  n.  168,  Q,  I. 


88  TEE    RECIPIENT    OF    PENANCE 

faithful  has  to  receive  one  of  the  Sacraments  of  the  living  and 
cannot  get  absolution  beforehand.  This  also  holds  true  if  an 
act  of  perfect  love  has  to  be  made ;  in  this  case  every  one  is 
obliged,  when  there  occurs  to  his  mind  a  mortal  sin  not  yet 
repented  of,  to  detest  the  same  and  to  be  sorry  for  it  from  the 
motive  of  the  love  of  God.  According  to  the  general  opinion 
of  theologians  an  act  of  love  should  be  made  in  the  hour  of 
death,  whence  St.  Alphonsus  teaches  that  a  dying  man  who  has 
confessed  with  only  imperfect  sorrow  should  be  recommended 
to  elicit  an  act  of  perfect  contrition,  for  it  is  impossible  to  make 
an  act  of  love  without  bewailing  the  sins  from  the  same  motive 
of  love.36  Finally,  this  duty  is  pressing  when  one  is  exposed  to 
severe  temptations  which  cannot  be  overcome  while  one  is  in  a 
state  of  enmity  with  God. 

We  would  add  another  observation :  Since  perfect  contrition 
is  so  pleasing  to  God  and  so  helpful  to  those  sinners  especially 
who  have  fallen  seriously,  the  pastor  of  souls  should  seize  every 
opportunity  of  instructing  the  faithful  and  urging  them  to  elicit 
such  acts  frequently,  especially  when  they  are  in  clanger  of  death 
and  have  no  opportunity  of  approaching  the  Sacrament  of  Pen- 
ance. Children  particularly  should  be  taught  on  this  subject,  and 
a  good  form  of  the  act  given  to  them.  They  may  have  need  of 
it  themselves  in  order  to  be  saved  from  eternal  damnation,  and 
they  may  come  to  the  assistance  of  their  elders  at  the  hour  of 
death;  indeed  experience  teaches  that  well-instructed  children 
more  than  once  have  reminded  people  in  such  straits  of  the  act 
of  perfect  contrition,  and  have  persuaded  those  persons  to  make 
it  with  them ;  finally,  what  has  been  learned  in  childhood  will 
turn  out  useful  to  many  in  their  old  age. 

13.    Imperfect   Contrition. 

The  effects  of  imperfect  contrition  (attrition)  are  not  so  great 
as  those  of  perfect  contrition.     Imperfect  contrition,  which  ex- 

86  II.  A.  1.  c.  n.  11,  Lib.  VI.  n.  437,  Dub.  2  ;  Suarez,  Disp.  15,  Sect.  4,  n. 
19;  Lacroix.  Lib.  II.  n.  142,  etc. 


IMP  Eli  FE(  T    CON  TRITION  8!  > 

eludes  the  desire  of  sinning  and  includes  the  hope  of  pardon  (this 
belongs  to  the  sorrow  necessary  for  the  Sacrament  of  reliance), 
is  the  proximate  disposition  which  the  sinner  must  have  if  he  is 
to  be  justified  in  the  Sacrament  of  Penance.     This  is  of  faith." 

Passages  almost  innumerable  of  the  Holy  Scripture's  and  the 
Fathers,  decrees  of  Councils  and  theologians,  present  this  doc- 
trine as  revealed  by  God.38 

Consequently  it  is  the  common  and  certain  teaching  of  theo- 
logians that  to  receive  the  grace  of  the  Sacrament  of  Penance 
imperfect  contrition  is  sufficient,  and  that  perfect  contrition  is 
not  of  necessity.  The  Council  of  Trent  declares  expressly: 
"Although  imperfect  contrition  without  the  Sacrament  of  Pen- 
ance is  not  able  per  se  to  restore  the  sinner  to  justifying  grace, 
yet  it  disposes  him  for  the  reception  of  grace  in  this  Sacrament." 
The  Council  is  speaking  here  of  the  ultimate  or  proximate  dispo- 
sition which,  in  union  with  the  Sacrament,  suffices  for  the  remis- 
sion of  sin;  for  it  opposes  the  efficacy  of  imperfect  contrition 
with  the  Sacrament  to  its  inefficacy  without  the  Sacrament. 
Without  the  Sacrament  it  cannot  produce  justification,  but  dis- 
poses towards  its  reception  in  the  Sacrament ;  it  must  therefore 
produce  in  the  Sacrament  this  justification,  and  the  disposition 
of  which  the  Council  speaks  must  be  understood  of  the 
proximate  disposition  which  is  immediately  followed  by  grace; 
otherwise  the  contrast  drawn  between  the  two  would  have  no 
meaning. 

37  Cf.  Trid.  Sess.  XIV.  cp.  1  et  can.  5,  which  is  directed  against  Luther's 
doctrine  that  all  fear  of  punishment  is  wicked,  and  that  imperfect  contri- 
tion, founded  on  the  fear  of  hell,  by  making  a  man  a  hypocrite,  makes  him 
a  greater  sinner.  Cf.  Bellarmin,  De  Peen.  Lib.  II.  cp.  2;  Mohler,  Sym- 
bolism, §  33.  Luther's  error  was  in  pari  adopted  by  Baius,  Jansenius,  and 
Quesnel.  Cf.  Prop.  60,  61,  62  et  67  Quesnellii  a  P.  M.  Clem.  XI  in  Bulla 
"  Unigenitus,"  prescript;  Prop.  15  et  16  damn,  ab  Alexandre  VIII,  in  which 
some  of  Qnesnel's  errors  are  again  condemned. 

38  Cf.  Bellarmin,  1.  c.  Lib.  II.  cp.  17;  Perrone,  De  Poenitent.  n.  46  s. ;  Ri- 
palda,  De  Ente  snpernaturali.  Tom.  IV.  Disp.  22,  Sect.  4-11,  et  Lib.  VI.  Disp. 
ult.  n.  458-160:  Palmieri,  Tract,  de  Pnenitentia,  pp.  280-:',.-):;  (Rom.  1879)  : 
Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  I.  De  sufficientia  attritionis,  n.  42-50. 


90  THE    RECIPIENT    OF    PENANCE 

This  conclusion  is  confirmed  when  we  consider  the  institution 
of  the  Sacrament.  Christ's  object  in  instituting  tins  Sacrament 
was  to  restore  the  baptized  to  the  life  of  grace;  if  it  did  not 
really  confer  the  grace  of  justification,  it  would  have  been  a 
means  frustrated  of  its  end,  and  would  not  have  the  power  which 
it  was  intended  to  have;  it  could  not  be  expected  to  call  for 
dispositions  which  of  themselves  would  atone  for  sin,  and  this 
would  be  the  case  if  perfect  contrition  were  the  required  dispo- 
sition. A  remedy  for  a  disease  would  be  a  poor  gift  if  it  could 
not  cure  the  disease  until  the  latter  was  already  removed. 
Finally,  the  Church  received  the  power  of  the  keys  in  order 
that  it  might  loose  or  retain  sins;  if  perfect  contrition  were 
required  as  the  necessary  condition,  the  sins  would  not  be  re- 
mitted by  the  power  of  the  keys,  but  by  the  dispositions  of  the 
penitent.  Therefore  imperfect  contrition  is  sufficient  for  justifi- 
cation in  the  Sacrament  of  Penance.39 

Since  imperfect  contrition  in  union  with  the  Sacrament  has 
the  same  effects  as  perfect  contrition  without  the  Sacrament, 
theologians  say  that  the  penitent  becomes  in  the  Sacrament  ex 
attrito  contritus;  this  expression  is  not  to  be  understood  of  the 
act,  as  though  attritio  became  contritio. 

Imperfect  contrition,  as  we  have  already  seen,  arises  from  the 
thought  of  the  hideousness  of  sin  and  from  the  fear  of  the  pun- 
ishment which  God  in  His  justice  inflicts  on  the  sinner.  The 
following  are  the  classes  into  which,  according  to  St.  Thomas,40 
fear  is  divided :  — 

1.  Worldly  fear,  timor  mundanus,  when  man  is  feared  more 
than  God,  or  when  one  offends  God  in  order  to  avoid  suffering. 

2.  Natural  fear,  timor  naturalis,  the  fear  of  temporal  mis- 
fortunes. 

39  S.  Alph.  1.  c.  Lib.  VI.  n.  440;  Mazzotta,  1.  c.  Tract.  VI.  Disp.  I.  Q. 
III.  cp.  III.  §  2;  Stotz,  1.  c.  Lib.  I.  P.  II.  Q.  I.  a.  VI;  Aertnys,  1.  c. 
Lib.  VI.   Tract.  V.  n.  176;     Palmieri,  Tract,  de  Pceuit.  Thes.  XXV.  p. 

286  ss. 

40  II.  II.   Q.  19,  a.  2-9. 


IMPERFECT    CONTRITION  91 

3.  Slavish  fear,  timor  serviliter  servilis,  when  one  shrinks  from 
sin  merely  from  fear  of  punishment,  and  when  one  is  ready  to 
sin  again  if  there  wen1  no  punishment.  Theologians  say  of  such 
a  man :  solum  manum  cohibet,  voluntatem  autem  non  retrahit  a 
peccato. 

Quite  distinct  from  this  fear  is:  — 

4.  Servile  fear,  timor  servilis,  when  a  man  fears  the  punish- 
ments which  God  inflicts  on  sin,  and  on  that  account  really 
avoids  and  detests  sin:  qui  non  solum  manum  sed  etiam  volun- 
tatem cohibet  a  peccato,  as  the  schoolmen  express  it. 

5.  Filial  fear,  timor  filialis  seu  castus,  is  the  fear  of  a  man 
who  honors  and  loves  God  as  his  Lord  and  Father,  and  from 
that  motive  avoids  sin  and  loves  the  law  of  God.  The  last  two 
kinds  of  fear  conjoined  form :  — 

6.  Mixed  fear,  timor  mixtus  seu  initialis,  which  is  the  disposi- 
tion of  a  man  who  fears  sin  because  it  offends  God  and  also  be- 
cause it  is  punished.  Hence  St.  Thomas  gives  a  clear  and  short 
account  of  these  last  three  kinds  of  fear :  Sometimes  man  turns 
to  God  and  clings  to  Him  because  he  is  afraid  of  evil.  This  evil 
may  be  twofold,  the  evil  of  punishment  and  the  evil  of  guilt.  If 
a  man  turn  and  cling  to  God  from  fear  of  punishment,  this  is 
servile  fear;  and  when  it  is  done  from  fear  of  guilt  it  is  filial 
fear,  for  children  are  afraid  of  offending  their  father;  if,  how- 
ever, it  is  done  from  the  fear  of  the  punishment  and  of  the  guilt, 
it  is  then  timor  initialis,  which  is  intermediate  between  servile 
and  filial  fear.41 

The  sorrow  proceeding  from  servile  fear  is  attritio,  that  im- 
perfect sorrow  which,  when  it  excludes  the  desire  of  sinning  and 
is  joined  to  the  hope  of  pardon,  disposes  the  sinner  to  receive  the 
grace  of  justification  in  the  Sacrament  of  Penance.  It  may  now 
be  asked  whether,  along  with  this  imperfect  sorrow  based  on  fear 
as  its  only  motive,  there  may  not  be  required  besides,  in  order 

«  II.  II.   Q.  19,  a.  2 ;  Stotz,  1.  c.  Lib.  I.  P.  II.  Q.  I. 


92  THE    RECIPIENT    OF    PENANCE 

to  dispose  the  sinner  proxime  for  the  receiving  of  grace,  some 
sort  of  love,  at  least  initial,  or  whether  this  love  be  included  in 
that  sorrow.  On  this  subject  the  Council  has  given  no  direct 
answer.  In  the  seventeenth  century  this  question  was  debated 
with  such  heat  that  Alexander  VII  (June,  1G67),  in  order  to 
establish  peace,  forbade,  in  the  strongest  terms  and  under  pain 
of  excommunication  lata1  sententiic,  that  any  of  the  disputants  in 
(his  matter  should  accuse  their  opponents  of  heresy.  Four  dis- 
tinct views  were  proposed  and  defended  on  this  subject:  — 

1.  The  first  view  teaches  that  sorrow  from  the  motive  of  fear, 
as  long  as  it  is  true  sorrow,  is  quite  sufficient  of  itself  for  obtain- 
ing sanctifying  grace  in  the  Sacrament.  This  sorrow  produces 
hatred  and  del  est  at  ion  of  sin  and  a  return  to  God's  law,  and  is 
inseparable  from  the  hope  of  pardon.  Hence  the  sinner  becomes 
capable  of  receiving  the  grace  of  the  Sacrament.  Melchior  Canus 
is  the  most  famous  of  the  defenders  of  this  view,  who  are  called 
Attritionists  because  they  hold  that  mere  attrition  from  the  fear 
of  the  punishments  inflicted  on  sin  is  a  sufficient  disposition. 
They  thought  that  every  sort  of  love  was  excluded  from  this  con- 
trition based  on  .fear,  a  position  which  seems  impossible  both 
psychologically  and  in  view  of  the  action  of  grace;  as  was  evi- 
dently the  general  opinion  of  the  Fathers  at  the  Council  of  Trent. 
Instead  of  the  present  clause  in  cap.  4:  attritio  eum  ad  gratiam 
in  mcramento  pcenitentice  impetrandam  disponit,  another  had 
been  presented  to  them:  ad  constitutionem  sacramenti  sufficit,  ac 
donum  Dei  esse  ac  Spiritus  S .  impulsum  verissimum  non  adhuc 
quidem  inhdbitantis  sed  tantum  moventis  quo  pannitens  adjutus 
(cum  sine  aliquo  dilectionis  in  Deum  motu  esse  vix  queat)  viam  sibi 
ad  justitiam  munit  et  per  earn  ad  Dei  gratiam  facilius  impetrandum 
disponitur.  Since  it  was  urged  that  men  of.  eminent  learning 
made  a  distinction  between  such  sorrow  and  love,  the  present 
form  of  the  clause  was  chosen  in  order  to  avoid  defining  a  scho- 
lastic question  on  which  the  Doctors  were  not  of  one  mind;  by 
using  the  word  disponit  the  Council  did  not  wish  to  mean  a 


IMPERFECT    CONTRITION  93 

sufficient  disposition,  and  to  indicate  this  more  clearly  it  pur- 
posely avoided  the  use  of  the  word  sufficit.*2 

2.  The  second  opinion  holds  thai  the  sorrow  based  on  fear  is 
sufficient  only  when  there  is  joined  with  it  some  beginning  of 
the  love  of  Clod,  as  our  highest  good.  This  view  supported  by 
the  most  eminent  theologians  rests  on  solid  foundations,  and  is 
now  the  more  usual  opinion  among  theologians.  That  there  is 
nothing  in  this  view  opposed  to  the  Council  of  Trent  is  clear 
from  what  has  been  said  above  on  this  point.  In  another  place 
in  the  Sixth  Session  (cap.  6)  there  is  indirect  authority  for  it, 
where  the  Council,  in  describing  the  progress  towards  prepara- 
tion for  tin1  first  grace,  teaches  that  the  sinner  who  is  disposing 
his  soul  for  justification  must  begin  to  love  God  as  the  source  of 
all  justice.43 

Hence  as  preparation  for  the  first  justification  of  adults  a  be- 
ginning at  least  of  love  is  required.  Now  what  is  required  for 
their  first  justification  in  Baptism,  that,  at  the  very  least,  is 
demanded  for  the  second  justification  by  Penance,  since,  as  the 
Fathers  express  it,  Penance  is  a  toilsome  Baptism,  baptismus 
laboriosus;  consequently  if  a  distinction  is  to  be  made  in  terms 
of  greater  or  less,  greater  dispositions  are  required  for  Penance 

42  Pallavicini.  Hist.  Concil.  Trid.  L.  XIII.  c.  10.  Palmieri  tries  to 
weaken  the  force  of  this  argument;  see  Tract,  de  Poenit.  Thesis  XXX. 
p.  :):!1  ss. 

48  "They  [adults]  dispose  themselves  for  justification  when,  being  urged 
and  supported  by  God's  grace,  receiving  faith  by  hearing,  they  approach 
God  of  their  own  free  will,  believing  thai  to  be  true  which  is  revealed  and 
promised  by  God,  and  especially  this,  that  the  sinner  is  justified  by  God 
through  His  grace,  through  the  redemption  in  Jesus  Christ;  and  while 
they  acknowledge  their  sins,  they  are  led  by  fear  of  the  divine  justice,  of 
which  they  have  a  wholesome  dread,  to  the  consideration  of  God's  mercy. 
and  thence  are  encouraged  to  hope,  so  that  they  trust  that  God  will  be 
gracious  to  them  for  Christ's  sake,  and  they  will  begin  to  love  Him  as  the 
source  of  all  justice."  Sess.  VI.  cp.  6;  cf.  can.:!:  "  If  any  one  say  that  a 
man  without  previous  inspiration  of  the  Holy  Ghost  and  without  His  help 
can  believe,  hope,  love,  and  do  penance  as  is  required  in  order  to  attain  the 
grace  of  justification,  a.  s." 


94  THE    RECIPIENT    OF    PENANCE 

than  for  Baptism.  Moreover,  the  Council  is  unmistakably  clear 
in  its  declaration  that  what  it  teaches  with  regard  to  the  first 
justification  applies  equally  to  the  justification  by  penance.44 

In  the  place  where  the  Council  treats  of  the  sorrow  re- 
quired as  a  preparation  for  the  Sacrament  of  Penance,  it  speaks 
of  it  plainly  as  the  beginning  of  a  new  life ; 45  such  it  could  not 
be  if  it  did  not  include  love,  or  at  least  the  beginnings  of  love ; 
for  since  the  new  life  consists  in  the  love  of  God,  the  beginning 
of  the  new  life  must  of  necessity  include  the  beginning  of  the 
love  of  God.48 

A  third  reason  may  be  found  in  the  very  nature  of  the 
subject.  According  to  the  Church's  teaching,  the  justification 
of  an  adult  means  a  real  conversion,  and  this  of  itself  includes  a 
beginning  of  love.  By  mortal  sin  man  turns  from  God  to  the 
creature;  if  the  conversion  is  to  be  real,  he  must  not  only  turn 
away  from  the  creature,  but  also  return  to  God,  and  that  cannot 
happen  without  some  initial  love.  Moreover,  it  is  in  the  very 
nature  of  man  ever  to  desire  and  love  something  as  his  highest 
good,  be  it  the  creature,  as  happens  in  mortal  sin,  or  the  Creator ; 
since  by  his  conversion  he  ceases  to  make  the  creature  his  sole 
object  and  aim,  he  must  direct  his  desires  to  God  the  uncreated 
good,  and  so  must  love  God  at  least  as  his  highest  good. 

But  this  love  which  is  required  to  accompany  imperfect  con- 
trition in  order  to  make  it  a  sufficient  disposition  for  obtaining 
grace  in  the  Sacrament,  is  not  the  beginning  of  the  amor  benevo- 

44  Cf.  Procemium  to  the  Fourth  Session  de  s.  Pcenitent.  sacram. :  "Although 
the  oecumenical  .  .  .  synod  in  its  decisions  on  justification  (Sess.  VI.)  has 
repeatedly  spoken  in  the  same  urgent  manner  of  the  Sacrament  of  Penance 
on  account  of  its  intimate  connection  with  the  matter  in  hand,  yet  none  the 
less,"  etc. 

45  Sess.  XIV.  cp.  IV. 

46  The  words  at  the  beginning  of  the  fourth  chapter:  unon  solum  cessa- 
tionem  a  peccato  et  vitos  novce  propositum  et  inchoationem  et  .  .  ."  need  not  of 
necessity  be  understood  of  perfect  contrition,  which  is  discussed  later.  In 
this  place  it  is  more  likely  that  the  question  of  contrition  in  general  is 
under  discussion. 


IMPERFECT    CONTRITION  95 

tentioe  or  the  caritas  perfecta  or  perfect  love;  for,  as  has  been 
seen  above,  any  act  of  contrition  proceeding  from  perfect  love 
in  any  degree  at  once  restores  a  man  to  grace  without  the  recep- 
tion of  the  Sacrament;  similarly  the  beginning  of  perfect  love, 
joined  with  imperfect  contrition,  would  justify  the  sinner  with- 
out the  Sacrament.'17  Penance  would  thus  be  a  meaningless 
institution.  It  is  rather  the  beginning  of  the  amor  concupiscen- 
tia  or  of  the  caritas  imperfecta,  in  which  we  love  God  because 
He  is  good  to  us.  This  beginning  of  love  is  included  in  imper- 
fect contrition,  which  arises  chiefly  from  the  fear  of  God's 
punishments;  for  Holy  Scripture  (Ecclus.  xxv.  16)  calls  the 
fear  of  God  the  beginning  of  love.  Hope  of  eternal  happiness 
is  another  motive,  for,  as  St.  Thomas  of  Aquin  says,  when  we 
hope  to  obtain  a  benefit  from  any  one  we  are  drawn  towards 
him  and  begin  to  love  him.  Whoever,  then,  has  imperfect 
contrition  and  receives  the  Sacrament  in  the  hope  of  pardon, 
already  begins  to  love  God  as  his  liberator,  his  champion,  his 
Lord.  No  special  intensity  is  required  in  this  love;  it  need 
only  be  the  beginning  of  love,  as  long  as  the  love  is  real  —  and 
this  is  called  amor  initialis.48 

3.  A  third  opinion  demands,  not  a  beginning  of  imperfect  love, 
but  perfect  love  in  its  first  stages,  that  is,  caritas  initialis.  It 
need  not,  however,  be  so  strong  as  to  suffice  to  remove  sin  of 
itself,  nor  need  it  be  independent  of  other  motives,  such  as  ser- 

47  Compare  §  12. 

48  8.  Alph.  Lit).  VI.  n.  112.  Objic.  Til ;  Scavini,  Theol.  Moralis  TJniversa, 
T.  IV.  Tract,  X.  Disp.  I.  cp,  IT.  art.  I.  n.  28;  Mazzotta,  1.  c.  Tract.  VI. 
Disp.  T.  Q.  III.  cp.  III.  §  2;  Aertnys,  1.  c.  n.  177;  Lehmkuhl,  1.  c.  P.  II. 
Lib.  I.  Tract.  V.  Sect.  II.  cp.  T,  §  2,  n.  288  et  289;  Oswald,  Die  dogmat. 
Lehre  von  den  heil.  Sakranient.  II.  Bel.  Fiinfter  Teil,  Zweiter  Abschn. 
Erst.  Hauptst.  §  7,  p.  86  ff.  III.  Aufl. ;  Midler,  1.  c.  Lib.  III.  Tr.  II.  § 
lit:  Martin,  Lehrbuch  der  kath .  Moral.  §  243;  Tappehorn,  Anleitung  zur 
Verwalt.  des  Buss-Sala-ainentes,  §  11,  p.  8!)  ft'.  This  doctrine  was  adopted 
by  all  the  schools  after  the  Council  of  Trent,  as  Benedict  XIV  affirms, 
!><■  Syn.,  etc..  Lib.  VII.  c.  1:'.;  and  Alexander  ATI  published  in  a  decree 
of  May  5,  1657,  that  this  view  hodie  inter  scholasticos  communis  videtur. 


96  TIIE    RECIPIENT    OF    PENANCE 

vile  fear.  Such  sorrow,  however,  would  be  no  longer  atiritio, 
but  contritio,  which  in  any  degree  by  itself  justifies  the  sinner 
apart  from  the  Sacrament. 

4.  The  fourth  opinion  goes  yet  further  and  requires  that  along 
with  atiritio  there  should  be  not  only  pure  love,  but  in  such 
measure  that  of  itself  it  should  move  the  sinner  to  bewail  his 
sins  and  give  them  up.  This  is  of  its  nature  contritio,  whence 
the  defenders  of  this  last  opinion  are  called  contritionists.49 

This  question  is  not  one  of  mere  theoretical  interest,  but  is  of 
highly  practical  application;  for  if  the  acts  of  the  penitent  are 
the  materia  proxima  of  the  Sacrament,  and  if  it  is  the  confessor's 
duty  to  make  certain  of  the  presence  of  these  acts  before  giving 
absolution,  he  must  do  so  also  with  respect  to  contrition;  for 
this  reason  he  must  study  the  nature  and  properties  of  contri- 
tion in  order  to  secure  the  integrity  of  the  Sacrament. 

From  this  it  is  at  once  apparent  that  the  contritionist  must 
proceed  differently  from  the  attritionist.  The  former  will,  if  he 
is  true  to  his  principles,  not  only  investigate  whether  the  peni- 
tent's sorrow  for  sin  be  joined  with  belief  and  hope  of  pardon, 
but  also  whether  that  sorrow  proceed  from  the  love  of  God,  or  at 
least  the  beginning  of  it,  which  love  must  be  a  love  of  God  above 
all  things.  This  investigation,  however,  is  very  difficult,  and 
wearisome  to  confessor  and  penitent,  at  least  if  the  latter  be 
uninstructed.  The  attritionist,  on  the  contrary,  merely  inquires 
whether  his  penitent  has  sorrow  springing  from  a  motive  of 
faith  and  the  hope  of  forgiveness  this  inquiry  offers  no  diffi- 
culty to  either  confessor  or  penitent.  Once  it  is  established 
that  the  sorrow  comes  from  a  motive  of  faith  and  is  joined  to 
the  hope  of  pardon,  one  may  fairly  presume  and  conclude  that 
there  is  amor  initialis,  so  that  further  investigation  is  superflu- 
ous ;  for  if  we  hope1  for  good  from  any  one,  we  have  already  at 
least  a  beginning  of  love  for  him. 

49  Scavini,  1.  c.  Tract.  X.  Adnotat.  n.  188  et  189. 


IMPEU Fl'J  ■  T    ( 'ON TUITION  97 

Moreover,  the  confessor  will  observe1  that  since  the  view  re- 
quiring a  beginning  of  love  with  imperfect  contrition  is  more 
probable  than  the  opposite,  probabilitate  externa  et  interna,  it  is 
also  the  safer;  since,  however,  in  giving  and  receiving  the  Sac- 
raments an  explicit  papal  decision  enjoins  the  adoption  of  the 
safer  view,  it  is  not  only  of  counsel  but  of  precept,  strongly  bind- 
ing, to  elicit  before  receiving  the  Sacrament  of  Penance  together 
with  contrition  an  act  of  love,  if  only  initial  love.  Though  the 
initial  love  which  is  comprised  in  the  imperfect  contrition  is  not 
the  love  of  benevolence  or  caritas,  but  the  amor  concupiscentice, 
yet  caritas  is  in  no  way  excluded  from  it,  and  cannot  be  ex- 
cluded without  grievous  sin  on  the  part  of  the  penitent.  Would 
it  not  be  the  sign  of  a  bad  disposition  if  a  man  were  expressly 
unwilling  to  avoid  sin  if  it  did  not  deprive  him  of  heaven  or 
lead  him  to  hell?  "I  do  not  say,"  says  St.  Francis  de  Sales 
on  this  subject,  "that  this  sorrow  excludes  the  perfect  love  of 
God ;  I  say  only  that  it  does  not  of  its  own  nature  include  it ; 
it  neither  rejects  it  nor  embraces  it;  it  is  not  opposed  to  love, 
but  it  can  exist  without  it." 

Thus  imperfect  contrition  disposes  the  penitent  towards  per- 
fect love.  Any  one  who  desires  and  hopes  to  attain  so  great  a 
boon  as  the  grace  of  God,  all  unmerited  as  it  is,  will  certainly  be 
unable  to  refrain  from  meditating  on  the  infinite  love  which  pro- 
cures him  this  great  grace,  and  from  that  he  will  rise  to  the  love 
of  God  for  His  own  sake  as  infinitely  good  and  lovable.  Hence 
St.  Thomas  says  that  whenever  a  man  hopes  to  get  a  benefit 
from  God  he  is  led  to  love  God  for  His  own  sake  only.50 

We  add  one  more  practical  observation:  The  imperfect  con- 
trition arising  from  fear  of  hell,  which  excludes  the  desire  of  sin. 
and  in  which  is  contained  at  least  virtually  the  hope  of  pardon, 
is  quite  sufficient  to  secure  the  fruit  of  the  Sacramenl  of  Pen- 

50  S.  Thorn.  De  Spe,  a.  3;  and  St.  Francis  de  Sales  writes:  ••  La  penitence 
nait  dedans  l'amour  et  plusieurs  fois  la  penitence  venant  en  nos  esprita 
ramour  vient  en  la  penitence."     Theot.  L.  II.  c.  20. 


98  THE    RECIPIENT    OF   PENANCE 

ance;  yet  we  ought  to  take  pains  that  we  have,  as  far  as 
possible,  perfect  contrition,  not  only  because  this  is  more  pleas- 
ing to  God,  but  also  because  in  this  way  the  grace  is  made 
more  certain  and  more  grace  is  obtained  and  a  greater  measure 
of  the  temporal  punishment  remitted;  because  we  are  thus 
more  sure  of  attaining  true  and  necessary  attrition,  and  finally, 
because  we  fulfill  in  this  manner  the  precept  which  binds  us  to 
make,  from  time  to  time  during  our  lives,  an  act  of  love.  In- 
deed if  a  penitent  chose  to  dwell  only  on  the  lowest  motives  of 
contrition,  it  would  be  a  sign  that  his  heart  was  not  sufficiently 
fixed  upon  God,  and  there  would  be  occasion  for  suspecting  that 
there  still  lurked  in  his  soul  an  undue  affection  for  sin;  curbed 
only  by  fear  of  punishment.51 

14.    The  Necessary  Qualities  of  Contrition. 

If  the  Sacrament  of  Penance  is  to  be  received  validly  and  with 
fruit,  the  contrition  must  be  real,  formal,  supernatural,  univer- 
sal, supreme,  and  sacramental.52 

1.  First  of  all,  the  contrition  must  be  real  or  genuine.  Now 
contrition  is,  according  to  the  Council  of  Trent,  a  grief  of  the 
soul  and  a  horror  of  sin.  A  sorrow  expressed  only  in  words 
would  be  a  sham  sorrow ;  that  would  not  do :  a  real  sorrow  is 
required.  A  sorrow  merely  imaginary,  even  without  guilt  on 
the  part  of  the  penitent,  in  which  case  his  good  faith  would  cer- 
tainly save  him  from  the  guilt  of  a  sacrilege,  could  not  possibly 
supply  for  the  want  of  a  necessary  and  essential  part  of  the 
Sacrament.53  Hence  God's  command  by  the  prophet  Joel : 
Scindite  corda  vestra  et  non  vestimenta  vestra  —  Rend  your  hearts 
and  not  your  garments  (the  sign  of  mourning;  Joel  ii.  3).  And 
truly  it  is  meet  that  sorrow  should  begin  there  where  sin  had 

51  Reuter,  S.J.,  Theol.  Moral.  P.  IV.  n.  2,  §  3;  S.  Alph.  Lib.  VI.  n.  442 
in  fine. 

62  Compare  Trident.  Sess.  XIV.  cp.  4  et  can.  5. 

c,:1  Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  I.  De  attritione  existimata,  n.  51  ss 


THE    NECESSARY    QUALITIES    OE    CONTRITION  99 

its  origin,  namely,  in  the  heart;  for  from  the  heart,  as  the  Scrip- 
ture tells  us,  come  forth  evil  thoughts,  murders,  adulteries,  etc.54 

The  contrition  must  be  formal,  i.e.  explicit;  a  virtual  or  im- 
plicit contrition,  such  as  is  contained  in  another  act,  say  in  an 
act  of  love  or  the  resolution  to  confess  and  receive  absolution, 
is  not  enough  even  though  it  excludes  the  affection  towards  sin. 

Thus  a  penitent  might  conceivably  elicit  an  act  of  perfect 
love  without  making  any  act  of  contrition,  and  then,  after  con- 
fessing his  sins,  be  justified  in  virtue  of  the  act  of  perfect  love, 
though  he  would  not  validly  receive  absolution  if  he  confined 
himself  to  the  act  of  love.  The  contrition  must  be  quite  explicit, 
for  it  is  the  essential  matter  of  the  Sacrament,  and  virtual  matter 
here  would  be  about  as  practical  as  virtual  bread  and  wine  in 
the  Sacrament  of  the  Eucharist.  Hence  it  is  not  enough  to  say : 
"I  love  thee,  0  my  God,  above  all  things,  because  thou  art  the 
sovereign  good;  forgive  me  my  sins."  Such  words  are  only  an 
act  of  love  and  a  prayer  for  pardon,  not  a  formal  act  of  sorrow. 
The  words  must  be  explicit:   "I  am  sorry  for  my  sins."  55 

Hence  we  see  the  error  in  the  opinion  held  by  several  of  the 
older  theologians,  who  called  attrition  any  kino!  of  sorrow  which 
did  not  come  up  to  the  standard  of  perfect  contrition  by  want 
of  an  adequate  motive  of  sorrow,  or  through  deficiency  of  reso- 
lution of  amendment,  or  because  sin  was  not  shunned  as  the 
greatest  of  evils. 

Others  besides  have  conjectured  that  it  was  necessary  and 
sufficient  for  absolution  in  the  Sacrament  that  the  penitent  be- 
lieves he  had  contrition,  i.e.  that  he  ought  to  make  efforts  to  be 
contrite  and  to  believe  that  he  his  perfect  contrition;  such  a 
putative  sorrow,  according  to  them,  was  sufficient,  however  dis- 
tinct it  might  be  from  the  sorrow  of  perfect  contrition. 

M  Matt,  xv.  19. 

55  S.  Alph.  Lib.  VI.  n.  449;  Scavini,  1.  c.  Tract.  X.  Disp.  1.  cap.  II.  art.  I. 
ii.rj;  Lacroix,  Theol.  Moral.  Lib.  VI.  p.  2,  n.  666;  Ballerini,  Op.  Theol. 
Mor.  1.  e.  De  attritione,  n.  77  ss.  Cf.  Suarez,  !)<■  Pcen.  Disp.  !).  Sect.  1; 
Lugo,  De  Pcen.  Disp.  t.  n.  93. 


100  THE    RECIPIENT    OF    PENANCE 

Both  views  are  false.  If  imperfect  contrition  were  only  a 
velleity,  instead  of  being  a  real  horror  of  sin,  it  would  not  be 
sufficient  for  the  Sacrament,  and  such  sorrow  could  never  be 
called  genuine  attrition.  On  the  contrary,  any  sorrow  which 
has  the  properties  enumerated  above  is  sufficient  even  if  the 
penitent  knowingly  confine  his  efforts  to  imperfect  contrition 
without  aspiring  to  perfect  it.56 

There  were  also  some  theologians  who  maintained  as  a  prob- 
able opinion  that  the  virtual  sorrow  included  in  a  formal  act  of 
love  or  in  a  resolution  of  amendment  was  sufficient.  This  view 
is  stigmatized  by  Suarez  as  rash,  by  Vasquez  as  false.  Other 
theologians,  however,  consider  that  this  condemnation  is  too 
severe. 

On  this  question  Reuter  57  remarks  that  a  penitent  need  not 
be  worried  about  the  formal  act  of  sorrow  if  he  has  elicited  an 
act  of  perfect  love  while  reflecting  on  his  sins  {memor  peccato- 
rum),  for  it  is  morally  impossible  for  any  one  with  his  sins  before 
his  eyes  to  elicit  an  act  of  perfect  love  of  God  without  detesting 
his  sins.  The  same  may  be  said  with  regard  to  the  purpose  of 
amendment,  for  it  is  morally  impossible  to  form  it  without  hav- 
ing formal  sorrow.  This  is  made  clear  from  the  consideration 
of  any  practical  resolution  which  is  based  on  supernatural  mo- 
tives; for  if  the  hatred  of  sin  is  not  yet  a  formal  detestation  and 
sorrow  of  past  sin,  it  becomes  so  in  any  one  who  reflects  that  he 
has  been  guilty  of  sin.58 

2.  The  sorrow  which  disposes  for  the  worthy  reception  of  the 
Sacrament  must  on  the  one  hand  be  prompted  by  divine  super- 
natural grace  which  begins,  accompanies,  and  perfects  the  whole 
work  of  salvation,  and  on  the  other  must  proceed  from  some 

56  Cf.  Busenbaum,  Theol.  Moral.  Tract.  IV.  (de  Sacram.  poenit.)  c.  1,  d. 
11,  resolv.  1  et  2;  Lehmkuhl,  1.  c.  P.  II.  Lib.  I.  Tract.  V.  Sect.  II.  §  2,  n. 
284;  Ballerini,  Op.  Theol.  Mor.  1.  c. 

67  Theol.  Mor.  p.  TV.  n.  217. 

58  Cf.  Vasquez,  De  Pcenit.  Q.  80.  Dub.  4.  de  proposito;  Lehmkuhl,  1.  c. 
Tract.  V.  De  Sacram.  Poen.  Sect.  II.  §  2.  u.  284. 


THE    NECESSARY    QUALITIES    OF    CONTRITION        101 

supernatural  motive  based  on  faith;  for  the  dispositions  required 
for  a  supernatural  gift  must  be  supernatural.  The  second  con- 
dition is  more  important,  for  God  will  certainly  give  grace  to  a 
man  to  do  that  which  he  is  obliged  to  do.  Merely  natural  or 
worldly  love  or  fear  will  give  rise  to  natural  sorrow;  supernatu- 
ral sorrow  springs  from  a  supernatural  fear  or  love  of  God.  The 
distinction  between  the  two  is  not  merely  quantitative  but  quali- 
tative; they  have  nothing  in  common,  and  no  amount  of  natu- 
ral sorrow  will  ever  rise  to  the  dignity  of  supernatural  sorrow. 
Natural  sorrow  is  of  no  efficacy  in  the  work  of  conversion. 
When  the  prophets  exhort  to  repentance  they  do  not  confine 
themselves  to  exhort  the  sinner,  "Be  converted,"  but,  "Be  ye 
converted  to  the  Lord  your  God."  A  true  penitent  was,  in 
their  eyes,  not  one  who  turned  from  his  sins ;  they  required 
that  he  should  also  turn  to  God.  Sorrow,  then,  must  have  a 
religious  character,  must  be  prompted  by  divine  grace,  must 
spring  either  from  fear  or  love  of  God. 

If  sorrow  is  to  have  this  supernatural  character,  it  must  be 
based  on  supernatural  motives  suggested  by  faith.  Faith  is  the 
first  condition  for  justification  which  the  Council  of  Trent  de- 
mands of  the  sinner;  in  addition  to  this  other  conditions  are 
laid  down,  especially  the  act  of  hope.  These  acts  need  not  be 
formally  elicited,  but  it  is  required  that  the  motive  of  sorrow 
for  sin  should  proceed  from  faith  if  it  is  to  be  of  use  for  salva- 
tion. 

We  may  thus  approach  the  question  which,  as  Lehmkuhl  says, 
many  moralists  treat  with  a  certain  scrupulosity  —  whether 
before  the  Sacrament  is  received  explicit  acts  of  faith  and  hope 
must  be  made,  or  whether  implicit  acts  are  sufficient.  Lehm- 
kuhl himself  answers  the  question  as  follows : 59  To  require  that 
the  penitent  should  elicit  an  act  of  faith  with  its  formal  object 


59  Theol.  Moral.  1.  c.  n.  286;   similarly  Aertnys,  1.  c.     Cf.  Ballerini,  Op. 
Theol.  Mor.  cp.  T.  n.  141;  Suarez,  !>«•  Poen.  Disp.  1.  Sect.  2,  n.  7. 


102  THE    RECIPIENT    OF    PENANCE 

explicitly  and  with  deliberation  before  or  apart  from  the  act  of 
contrition  is  unreasonable ;  there  would  be  reason,  for  it  only  in 
the  case  of  a  penitent  who  had  lost  his  faith  by  sinning  against 
it.  But  an  act  of  faith  meaning  the  assent  to  a  proposition  of 
faith  which  springs  from  the  habit  of  faith  (assensum  in  aliquam 
veritatem  id  fide  notam  ab  habitu  fidei  oriundum),  is  rightly  de- 
manded since  it  is  otherwise  impossible  to  derive  contrition 
from  a  supernatural  motive.  Thus  there  is  no  doubt  that  a 
formal  and  explicit  act  of  faith  is  necessary;  but  this  is  certainly 
present  if  the  necessary  contrition  be  there. 

Accordingly  St.  Alphonsus  is  quite  justified  in  believing  that 
he  can  reconcile  the  divergent  views  of  the  theologians  by  teach- 
ing that  formal  faith  is  certainly  necessary,  but  not  reflex  faith: 
that  is  a  separate  and  distinct  consideration  of  the  grounds  of 
faith.  It  is  just  the  same  with  regard  to  hope;  for  if  a  man 
receive  the  Sacrament  in  a  genuine  spirit  of  penance  in  order  to 
get  forgiveness  of  his  sins,  he  is  making  an  act  of  hope  explicite 
(though  not  yet  reflexe,  still  exercite)  that  God  will  grant  him 
pardon  in  the  Sacrament  through  the  merits  of  Christ.60  All 
this,  however,  holds  good  only  for  the  faithful  who  are  instructed 
in  the  things  necessary  for  salvation. 

Our  faith  presents  to  our  consideration  many  motives  for 
contrition,  which,  as  has  been  shown  above,  are  reduced  to  two 
by  the  Council  of  Trent :  fear  of  punishment  and  hatefulness  of 
sin.  This  hatefulness  may  have  many  forms:  the  general  mal- 
ice which  belongs  to  every  sin  (in  so  far  as  it  is  an  injury  to  God 
our  highest  good,  and  rebellion  against  Him,  or  ingratitude  to 
God  our  Father  and  Benefactor,  or  infamous  unfaithfulness  to 
Jesus  our  loving  Redeemer),  or  the  particular  malice  which  is 
proper  to  each  sin,  since  every  sin  has  its  own  peculiar  wicked- 
ness and  is  the  opposite  to  some  special  virtue.  A  further  mo- 
tive is  found  in  the  sufferings  and  death  of  Christ,  which  may 


60 


S.  Alph.  I.  c.  n.  439;  Router,  Theol.  Mor.  p.  IT.  n.  36  et  p.  IV.  n.  247. 


THE    NECESSARY    QUALITIES    OF    CONTRITION        108 

be  considered  a  motive  of  caritas,  and  the  loathsome  state  of 
the  soul  when  deprived  of  sanctifying  grace. 

Among  the  punishments  which  excite  us  to  salutary  contri- 
tion are  first  of  all  the  fire  of  hell,  and  then  purgatory. 

All  these  motives  may  be  called  eternal;  the  pains  of  purga- 
tory may  be  numbered  among  the  eternal  motives  because  they 
begin  only  when  a  man  has  passed  from  this  life  into  eternity. 

It  is  to  be  observed  that  any  one  of  these  motives  is  sufficient 
to  awaken  in  us  true  contrition;  nor  is  it  necessary  that  we 
should  choose  a  motive  with  which  we  made  acquaintance  first 
b}'  revelation;  we  know  many  of  these  motives  as  well  by  rea- 
son as  by  faith;  we  must  only  take  care  that  the  motive  which 
impels  us  to  sorrow  appeals  to  us  not  merely  from  the  point  of 
view  of  reason,  but  as  proposed  by  faith.  If,  however,  one  is 
moved  to  contrition  by  a  particular  motive,  namely,  the  pecul- 
iar malice  of  souk1  sin  even  when  this  malice  is  made  known  to 
us  by  faith,  it  is  better  to  add  a  universal-  motive  either  of  fear 
or  of  the  malice  residing  in  all  sin,  so  that  the  sorrow  may  not 
be  insufficient  or  doubtful  for  any  sin  which,  having  escaped 
observation,  was  not  repented  of. 

The  sorrow  which  comes  from  the  thought  of  the  temporal 
sufferings  of  this  life  may  be  regarded  as  supernatural  if  these 
sufferings  are  looked  upon  as  inflicted  by  God,  as  being  signs  of 
His  anger,  and  as  a  sort  of  foretaste  of  His  eternal  punishments 
if  we  do  not  amend.  Hence  the  sorrow  which  comes  from  the 
thought  of  earthly  pains  cannot  be  set  down  at  once  and  abso- 
lutely as  supernatural  sorrow;  the  supernatural  aspect  must  be 
kept  in  view,  and  then  the  sorrow  may  be  regarded  as  super- 
natural and  sufficient  for  approaching  the  Sacrament.  Not  only 
reason,  but  faith  also,  teaches  us  that  in  God's  providence  sin  has 
many  evil  consequences,  and  that  on  account  of  sin  God  strikes 
mankind  with  pains  and  calamities  both  private  and  public. 
Moreover,  the  Council  of  Trent  enumerates  among  the  motives 
of  attrition  "the  fear  of  hell  and  of  punishment,"  and  in  the 


104  THE    RECIPIENT    OF  PENANCE 

punishment  we  are  to  understand  the  pains  of  this  life,  for  the 
Council  mentions  as  an  example  the  Ninivites  who  repented  of 
their  sins,  moved  by  fear  of  the  destruction  of  their  city,  which 
had  been  prophesied  by  Jonas,  unless  they  did  penance ;  nor  are 
the  Ninivites  the  only  instance  where  God  has  threatened  tem- 
poral punishment  in  order  to  frighten  sinners  and  move  them  to 
penance.  Not  all  theologians,  however,  admit  temporal  punish- 
ments as  motives  of  supernatural  sorrow  (among  them  Vasquez 
and  Toletus) ;  they  try  to  weaken  the  argument  drawn  from  the 
Council  of  Trent  by  asserting  that  the  Council  does  not  speak  of 
two  motives,  which  apart  from  one  another  can  give  rise  to  suffi- 
cient contrition,  but  that  the  words  are  to  be  taken  conjunc- 
tively, so  that  the  fear  of  earthly  punishments  must  be  joined 
to  fear  of  the  pains  of  hell,  since  the  latter  only  are  made  known 
to  us  by  faith.  Our  proof  is  in  no  way  invalidated  by  this  argu- 
ment; besides,  many  theologians,  and  those  the  most  famous, 
stand  by  the  first  view,  so  that  it  may  be  considered  as  the  senten- 
tia  communis.  The  words  of  one  of  them,  the  eminent  Suarez, 
may  be  quoted  here.  He  writes : 61  "  Hence  I  infer  that  such 
sorrow  [as  is  required  for  the  valid  reception  of  the  Sacrament 
of  Penance]  must  proceed  from  a  divine  and  supernatural  mo- 
tive. That  a  temporal  and  human  sorrow  is  not  sufficient  is 
plain  from  the  words  of  the  Council  of  Trent,  and  the  reason  is 
not  to  be  misunderstood,  for  such  a  motive  does  not  deprive 
the  will  of  the  affection  towards  sin."  And  in  another  place  he 
writes:  "Vega  (1.  13  in  Trid.  c.  14)  concedes  that  sorrow  based 
on  the  fear  of  other  punishment  apart  from  hell-fire  is  sufficient 
for  attrition.  This  view  is  correct  if  we  suppose  that  the  fear 
is  not  merely  human  and  natural.  Granted  that  the  pains  be 
only  temporal,  if  they  are  considered  as  inflicted  by  God,  as  pro- 
claiming God's. anger,  as  being  a  foretaste  in  some  way  of  the 

61  De  Pcenit.  Disp.  20,  Sect.  2,  n.  10.     Cf.  Lugo,  De  Poenit.  Disp.  5,  n. 
1:57;  S.  Alph.  L.  VI.  n.  413;  Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  I.  u.  105- 

110. 


THE    NECESSARY    QUALITIES    OF    CONTRITION         105 

divine  punishments  in  the  next  life  if  we  do  not  reform,  they 
can  move  us  to  a  supernatural  sorrow  which  may  fairly  be  classed 
with  the  sorrow  which  is  based  on  the  fear  of  hell;  thus  we  ex- 
ercise the  virtue  of  Christian  hope  when  we  look  to  God  for 
temporal  benefits  in  so  far  as  they  affect  in  any  way  our  eternal 
life  or  fall  under  the  special  and  supernatural  providence  of 
God." 

Since,  however,  the  negative  proposition  denying  the  efficacy 
of  sorrow  springing  from  fear  of  earthly  punishments  for  recep- 
tion of  the  Sacrament  is  the  safer  one  and  is  not  altogether  im- 
probable, it  is  the  view  which  must  be  adopted  in  practice ;  so  a 
penitent  should  not  confine  himself  to  the  thought  of  the  tem- 
poral penalties,  but  use  it  to  proceed  to  the  consideration  of  the 
divine  justice  as  revealed  in  eternal  penalties,  "for,"  as  Lugo 
expresses  it,  "  this  consideration  will  create  the  fear  of  God,  who 
can  inflict  both  one  and  the  other  penalty."  This  last  reflection 
will  certainly  move  him  to  a  determined  resolution  to  avoid  sin 
as  the  greatest  of  evils,  and  to  avoid  it  even  if  that  involves  other 
suffering.  If,  however,  a  man  dwell  on  the  thought  of  the  suffer- 
ing which  his  sins  have  drawn  upon  him,  or  on  the  suffering 
which  usually  follows  in  the  train  of  sin,  he  will  not  necessarily 
be  induced  thereby  to  resolve  steadfastly  to  shun  sin  more  than 
any  other  evil;  for  it  is  possible  that  the  avoiding  of  sin  may 
involve  him  in  greater  misfortunes  in  this  life  than  those  which 
would  come  from  committing  the  sin;  and  it  is  impossible  that 
the  fear  of  a  less  evil  will  effectually  nerve  a  man  to  endure  the 
worse  evil.  Nevertheless  the  sorrow  and  purpose  of  amend- 
ment, if  they  are  to  be  of  any  use  for  justification,  must  be  such 
as  to  determine  the  man  implicite  to  endure  all  the  evils  of  this 
life  rather  than  commit  sin ;  and  though  the  penitent  is  not 
obliged  to  reflect  explicite  on  the  matter,  yet  the  motive  of  his 
sorrow  and  amendment  must  be  so  powerful  that,  as  long  as 
this  motive  is  present,  it  would  compel  him  to  choose  any  suffer- 
ing rather  than  sin.     Finally,  it  may  be  mentioned  that  the  con- 


106  THE    RECIPIENT    OF    PENANCE 

sideration  of  the  temporal  suffering  is  a  powerful  weapon  in  the 
hands  of  the  confessor  to  move  an  obstinate  and  unrepentant 
sinner  to  contrition,  and  thence  to  lead  him  to  higher  and  safer 
motives.62 

3.  The  sorrow  must  be  universal  (universalis),  i.e.  it  must 
extend  to  all  past  sins,  at  least  to  those  which  are  mortal.  No 
single  mortal  sin  can  be  forgiven  unless  it  is  repented  of,  nor 
without  other  mortal  sins  of  which  one  has  been  guilty  being 
forgiven,  for  none  can  be  forgiven  without  sanctifying  grace: 
but  sanctifying  grace  is  incompatible  with  mortal  sin,  for  it  is 
impossible  that  any  one  should  be  at  the  same  time  a  child  of 
God  and  the  slave  of  the  devil,  worthy  of  everlasting  reward  and 
deserving  eternal  punishment;  because  " there  is  no  condemna- 
tion to  them  that  are  in  Christ  Jesus  "  (Rom.  viii.  1).  Hence  it 
is  promised  in  Holy  Scripture:  "If  the  wicked  do  penance  for  all 
the  sins  which  he  hath  committed,  and  keep  all  My  command- 
ments, .  .  .  living  he  shall  live";63  and  the  second  Lateran 
Council  says,  that  a  repentance  would  evidently  be  useless  in 
which  a  man  left  out  several  sins  and  repented  only  of  one;  for 
it  is  written:  "Whosoever  shall  keep  the  whole  law,  but  offend 
in  one  point,  is  become  guilty  of  all."  He  who  is  attached  to 
one  sin  shall  no  more  cross  the  threshold  of  eternal  life  than  one 
who  is  addicted  to  all  possible  sins.64 

There  are  only  two  ways  of  attaining  universal  contrition ;  one 
way  is  to  apply  special  motives  of  sorrow  to  each  particular  sin, 
the  other  is  to  repent  of  all  sins,  both  the  known  and  the  un- 
known, through  a  universal  motive.  This  universality  does  not 
require  that  one  should  reflect  on  all  his  sins  so  as  to  elicit  an 


62  Lehmkuhl,  1.  c.  Tract.  V.  (Sacr.  Poenit.)  Sect.  II.  §  2,  n.  287;  Aertnys, 
1.  c.  Lib.  VI.  Tract.  V.  cp.  III.  art,  2,  n.  179;  Scavini,  1.  c.  Tract.  X.  Disp. 
I.  cp.  II.  art.  1 ;  Gury-Ballerini,  1.  c.  Tract.  De  Sacram.  Poenit.  n.  452,  Q. 
VII ;  Mazzotta,  1.  c.  Tract.  VI.  Disp.  I.  Q.  3,  cp.  3,  §  1,  u.  2. 

63  Ezechiel  xviii.  21. 

64  C.  22. 


THE    NECESSARY    QUALITIES    OF   CONTRITION         107 

• 

act  of  contrition  for  each  particular  sin;  this  is  necessary  only 
if  a  man  confines  himself  to  those  motives  which  of  their  own 
nature  do  not  apply  to  all  mortal  sins.  In  practice,  however, 
i!  is  strongly  recommended  to  base  the  sorrow  on  universal 
motives.  If,  then,  a  man  is  sorry  for  his  sins,  his  mortal  sins  at 
least,  from  a  universal  motive,  and  afterwards  recalls  other  sins, 
he  may  confess  them  along  with  the  rest  and  receive  absolution 
for  them  without  having  to  make  a  new  act  of  contrition ;  this 
fresh  act  would  be  required  if  his  repentance  had  proceeded  from 
motives  peculiar  to  each  sin.  Besides  there  arises  at  the  fresh 
recollections  of  his  other  sins  in  a  repentant  sinner  a  renewal  of 
his  sorrow;  this  renewal  is  useful,  for  it  insures  a  more  perfect 
preparation,  but  it  is  not  necessary. 

We  must  distinguish  between  the  universality  of  the  sorrow 
and  the  universality  of  the  purpose  of  amendment.  The  sorrow 
is  general  when  it  extends  to  all  sins  committed,  at  least  to  those 
which  are  mortal ;  the  resolution,  however,  must  be  to  avoid  all 
mortal  sins  whether  they  have  been  committed  or  not. 

If  a  penitent  has  only  venial  sins  to  confess,  the  sorrow  need 
not  be  universal ;  it  must  have,  however,  the  other  properties. cr> 
Since  venial  sin  may  coexist  in  the  soul  along  with  sanctifying 
grace,  the  love  of  God  is  not  lost,  and  since  one  venial  sin  may  be 
forgiven  apart  from  others,  it  is  enough  in  preparing  for  con- 
fession to  make  an  act  of  sorrow  for  one  or  other  of  the  venial 
sins.  Of  course  in  such  a  case  only  those  sins  are  forgiven  which 
are  repented  of;  nor  is  it  incompatible  with  the  essence  of  venial 
sin  that  a  man  should  be  really  sorry  for  one,  especially  if  it  be 
peculiarly  vile,  without  being  sorry  for  the  rest. 

Still,  the  penitent  should  exert  himself  to  be  sorry  for  all  the 
venial  sins  of  which  he  accuses  himself.  It  is  no  sin  to  confess 
venial  sins  for  which  one  is  not  sorry,  so  long  as  materia  sufji- 

65  S.  Alph.  Lib.  VI.  n.  449,  Dub.  2;  Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  I. 

De  dolore  venialiam,  n.  96-105. 


108  THE    RECIPIENT    OF    PENANCE 

ciens  for  which  there  is  actual  sorrow  is  offered  to  the  power  of 
the  keys.  It  may  be  assumed  that  the  penitent ,  confessing  venial 
sins  for  which  he  is  not  sorry,  does  not  care  to  be  absolved  from 
them;  from  these  the  confessor  does  not  intend  to  absolve. 
Reasons  may  exist  for  confessing  venial  sins  for  which  there  is 
no  real  sorrow,  e.g.  in  order  to  practice  humility,  to  be  better 
known  and  guided  by  one's  confessor,  etc.68 

4.  The  sorrow  must  be  a  sorrow  surpassing  all  other  sorrow 
(sovereign,  supreme)  which  shrinks  from  past  sin  as  a  greater  evil 
than  any  in  the  world,  so  that  a  man  is  prepared  to  forego  every 
good  and  suffer  any  evil  rather  than  fall  into  sin  again.  This 
sorrow  must  be  supreme  appretiative.  Yet  it  is  not  required 
that  the  sensible  feeling  of  pain  should  be  infinitely  great  or  sur- 

66  Suarez  (De  Pcenit.  Disp.  20,  Sect.  6,  n.  7)  and  Lugo  (Disp.  14,  n.  48) 
teach  clearly  that  a  penitent  who  confesses  (venial)  sins  for  which  there 
is  no  sorrow,  along  with  others  without  indicating  the  known  defect  of 
sorrow,  would  sin  venially  by  mixing  up  proper  and  improper  matter. 
Their  view,  however,  is  singular  and  is  combated  by  other  theologians. 
In  particular  Mazzotta  (1.  c.  Tract.  VI.  Disp.  I.  Q.  111.  §  2,  v.  f.)  gives  the 
correct  solution  to  the  objection  that  to  confess  venial  sins  for  which  there 
is  no  sorrow,  is  a  lie  and  a  nullifying  of  the  Sacrament,  because  the  act  of 
confessing  these  sins  is  exercite  a  declaration  of  sorrow  for  them.  He 
replies  that,  even  granting  the  objection,  it  is  in  any  case  a  lie  in  a  matter 
of  less  moment,  and  so  at  the  most  a  venial  sin,  whence  there  can  be  no 
nullifying  of  the  Sacrament.  He  denies  also  that  such  confession  is  a  lie, 
for,  in  accordance  with  the  feeling  and  practice  of  the  faithful,  the  penitent 
by  such  confession  of  venial  sins  states  exercite  that  he  is  sorry  for  some  of 
them  and  wishes  to  be  absolved;  with  regard  to  the  rest  he  reveals  them 
for  his  greater  humiliation  and  shame,  or  in  order  to  disclose  the  state  of 
his  sold,  just  as  he  may  also  reveal  his  evil  inclinations  and  irregular  desires, 
though  they  are  not  sins.  Even  when  a  penitent  is  sorry  only  for  the  greater 
sins,  and  yet  says  at  the  end  of  his  confession,  "  For  these  and  all  my  other 
sins  I  am  sorry,"  he  tells  no  lie,  for  these  words  have  no  other  meaning  in 
their  ordinary  acceptance  than  this,  that  he  is  sorry  for  all  the  sins  from 
which  he  can  and  wants  to  be  absolved.  It  is  just  the  same  when  a  man 
confesses  many  venial  sins  and  is  sorry  only  on  account  of  their  great  num- 
ber,  tor  he  can  easily  see  a  peculiar  malice  in  the  habit  of  committing  such 
venial  sins,  and  on  that  account  can  more  easily  excite  himself  to  sorrow 
for  them.  Mazzotta,  1.  c. ;  Lugo  and  Suarez,  1.  c. ;  Stotz,  Trib.  Pcenit,  Lib. 
I.  Pars  II.  Q.  I.  art.  4,  n.  20;  Lehmkuhl,  1.  c.  n.  200,  291. 


THE    NECESSARY    QUALITIES    OF    CONTRITION         109 

passing  all  other  pain;  nor  is  it  necessary  that  the  heart  should 
feel  more  keenly,  or  be  more  disturbed,  or  be  more  cast  down 
than  it  would  be  by  some  earthly  suffering  or  loss  which  should 
appeal  more  immediately  to  the  sensitive  faculties.  Thus  a  man 
may  experience  a  more  intense  and  lively  sorrow  for  temporal 
losses,  such  as  the  death  of  a  dear  friend  or  relation,  and  yet  his 
contrition  may  be  appreciatively  much  greater.  Of  this  he 
would  give  ample  proof  if  he  were  disposed  to  avoid  sin,  even 
though  the  sin  could  make  good  his  losses.  Hence  it  is  not  by 
the  acuteness  of  the  sensible  suffering  that  sorrow  for  sin  must 
surpass  other  pain,  but  by  the  displeasure  at  past  sin  and  the 
determination  of  the  will  to  endure  all  kinds  of  suffering  and 
every  temporal  calamity  and  evil  rather  than  consent  to  a  single 
mortal  sin.  The  sorrow  for  sin  must  therefore  be  appreciatively 
sovereign,  not  necessarily  intensively  so.  The  intensity  makes 
no  change  whatever  in  the  substance  of  an  act.  Though  con- 
trition is  usually  the.  more  perfect  the  more  intense  it  is,  yet  the 
intensity  ought  not  to  be  aimed  at,  for  it  would  only  prepare  the 
way  for  scruples;  moreover,  there  is  no  proof  that  such  intensity 
is  necessary.67 

Though  the  penitent  must  have  a  greater  horror  of  sin  than 
of  any  other  evil,  it  is  not  necessary  that  he  should  make  a 
deliberate  comparison  of  it  with  other  evils,  and  make  a  vivid 
picture  of  each  particular  misfortune,  putting  to  himself  the 
question  whether  he  is  ready  to  endure  it  in  preference  to  com- 
mitting sin.  Indeed  such  a  course  would  be  highly  imprudent 
and  dangerous  and  likely  to  destroy  the  real  contrition  and 
purpose  of  amendment  which  he  had,  as  well  as  to  excite  an 
inclination  for  the  sin  which  he  detested.  Hence  when  such 
comparisons  obtrude  themselves  on  the  mind  of  the  penitent, 
he  should  positively  reject  them  and  cling  to  the  absolute  and 
unconditional  general  resolution  of  never  sinning  again,  helping 

67  Cf.  S.  Thorn.  Suppl.  Q.  3,  art.  1;  Stotz.  Tribunal  Pcenit.  1.  c.  art.  IV.  n. 
16,  17;  Ballerini,  Op.  Theol.  Mor.  1.  c.  n.  110. 


110  THE    RECIPIENT    OF    PENANCE 

himself  by  the  reflection  that  God's  grace  will  never  be  wanting 
at  the  right  moment,  and  resolving  with  the  help  of  that  grace 
never  more  to  sin.68 

The  question  whether  the  sorrow  can  ever  be  excessive  is 
already  answered  from  the  foregoing.  The  sorrow  which  is  of 
the  essence  of  contrition,  i.e.  displeasure  at  our  past  sins  in  so 
far  as  they  are  an  injury  to  God,  can  never  be  excessive;  the 
greater  our  love,  the  greater  must  be  our  displeasure,  and  love 
cannot  be  too  great.  As  to  the  sensible  feeling  of  sorrow  which 
is  not  at  all  necessary  for  true  contrition,  this  should  never  be 
carried  so  far  as  to  interfere  with  the  duty  of  self-preservation, 
though  as  a  matter  of  course  there  is  little  occasion  to  fear  that 
sensible  sorrow  will  go  so  far.  For  the  sensible  sorrow  over  a 
spiritual  evil  is  always  somewhat  remote  and  cannot  easily  be 
so  acute  as  direct  physical  suffering  or  as  the  pain  which  comes 
from  a  misfortune  appealing  directly  to  the  senses.69 

As  in  contrition  there  is  no  definite  intensity  required,  nei- 
ther is  any  certain  duration ;  for  a  man  may  in  one  moment  elicit 
an  act  of  perfect  or  imperfect  contrition;  it  may  be  quite  sud- 
denly aroused  by  divine  grace,  as  in  the  case  of  David  when  he 
exclaimed  in  his  sorrow,  ''I  have  sinned  against  the  Lord,"  or 
as  in  the  case  of  St.  Peter,  who  at  one  glance  of  Jesus  was  melted 
into  bitter  tears.  The  moment  contrition  becomes  actual  it  is 
sufficient  for  absolution.  In  practice,  however,  the  faithful 
should  be  urged  to  spend  some  time  before  confession  in 
rousing  a  genuine  sorrow  that  will  answer  all  demands,  by  re- 
flecting with  the  help  of  God's  grace  on  the  nature  of  sin  and 
its  consequences;  moreover,  they  should  be  cautioned  not  to 
be  satisfied  with  a  mechanical  repetition  of  an  act  of  contrition, 


68  S.  Thorn.  Quodlib.  1,  art.  9  (non  modo  imprudentim  sed  stultitice  eum 
morem  arguit)  :  S.  Alph.  Lib.  VI.  n.  433;  Stotz,  1.  c. ;  Ballerini,  Op.  Theol. 
Mor.  1.  c.  i).  116  s. 

69  Cf.  S.  Thorn.  Suppl.  Q.  3,  art.  2 ;  Martin,  Lehrbuch  der  kath.  Moral. 
§243. 


RELATION    OF    CONTRITION    TO    THE    SACRAMENT    111 

otherwise  the  .sorrow  may  be  wanting,  or  at  its  best  be  very 
weak.  Yet  sorrow  is  of  the  highest  importance  because  it  is 
the  most  essential  of  the  actus  pamitentis,  the  very  soul  of  con- 
fession.70 

15.   The  Relation  of  Contrition  to  the  Sacrament. 

Finally,  the  sorrow  must  be  sacramental,  i.e.  in  connection 
with  the  Sacrament  of  Penance.  For  instance,  in  order  that 
attrition  along  with  the  Sacrament  may  be  able  to  restore  a  man 
to  sanctifying  grace,  it  must  be  joined  with  at  least  the  implicit 
intention  of  receiving  the  Sacrament,  and  coexist  virtually  with 
the  absolution. 

A  man  who  in  preparing  for  confession  bewails  the  sins  which 
he  has  discovered  in  examining  his  conscience,  makes  an  act  of 
contrition  ex  intentione  implicita  of  receiving  the  Sacrament.  If, 
however,  his  sorrow  is  expressed  without  any  intention  of  receiv- 
ing the  Sacrament  or  without  any  thought  of  confession,  he 
must  renew  his  act  of  sorrow  in  order  to  be  sure  of  receiving 
absolution  validly,  unless  he  afterwards  decides  to  go  to  con- 
fession in  consequence  of  the  still  virtually  enduring  contrition, 
so  that  his  confession  proceeds  from  his  sorrow.  Hence  the  fol- 
lowing conclusions  are  drawn :  — 

I.  An  act  of  contrition  made  without  reference  to  the 
receiving  of  absolution  makes  the  validity  of  the  absolution 
doubtful. 

II.  It  is  not  necessary,  however,  that  the  penitent  should 
make  the  act  of  contrition  in  consequence  of  his  resolution  to  go 
to  confession.  This  is  the  usual  practice,  it  is  true,  and  certainly 
a  very  good  one,  but  it  is  enough  if  by  his  contrition  he  be  moved 
to  make  his  confession,  and  if  he  thus  unite  his  sorrow,  still  per- 
severing, with  the  sacramental  act.     It  is  also  sufficient  if  the 

70  Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  I.  n.  Ill;  Lehmkuhl,  1.  c.  Tract.  V. 
Sacr.  IYi'ii.  Sect.  TI.  cp.  I.  §  2,  n.  285,  '■'>.  On  the  subject  of  the  dolor  quo 
non  doleas  see  Ballerini,  1.  c.  n.  Ill  s. 


112  THE    RECIPIENT    OF    PENANCE 

penitent  makes  an  act  of  sorrow  in  the  interval  between  the 
confession  of  his  sins  and  the  giving  of  the  absolution.71 

The  reason  for  making  these  demands  upon  the  penitent  is 
that  the  acts  of  the  penitent  are  not  only  an  interior  preparation 
for,  but  they  are  the  materia  ex  qua  of,  the  Sacrament.  The. 
sorrow,  therefore,  must  be  brought  into  relation  to  the  Sacra- 
ment; and  since  this  doctrine  is  probable  and  is  the  common 
teaching,  this  relation  must  be  established  in  practice  at  least 
ante  factum,  i.e.  the  confessor  must  before  giving  absolution  take 
care  that  the  penitent  makes  his  act  of  sorrow  with  a  view  to 
the  Sacrament. 

Hence  the  question  amounts  really  to  this :  What  relation  is 
demanded  between  the  act  of  sorrow  and  the  Sacrament?  not 
whether  such  a  relation  be  necessary;  for,  on  the  one  hand,  it 
cannot  be  defended  with  any  probability  that  such  relation  is 
unnecessary,  and,  on  the  other  hand,  it  is  not  in  accordance  with 
either  truth  or  prudence  that  the  penitent,  before  making  the 
act  of  contrition,  should  establish  its  relation  to  the  confession 
or  be  obliged  to  have  the  intention  of  receiving  the  Sacrament. 

Some  sort  of  bond,  however,  must  exist  between  the  contrition 
and  the  Sacrament.  It  is  false  to  infer  from  the  Catholic  teach- 
ing of  the  Council  of  Trent  that  the  eliciting  of  the  act  of  sorrow 
or  dolor  in  fieri,  as  it  is  called,  is  the  materia  proxima  of  the  Sac- 
rament; it  is  rather  the  sorrow  already  elicited  or  the  dolor  in 
facto  esse,  which  is  the  matter  of  the  Sacrament;  it  is  not  in  or 
by  itself  proxima  materia:  it  becomes  so  by  means  of  the  con- 
fession and  in  union  with  the  confession.  That  sorrow  is  suffi- 
cient which  coexists  in  any  way  with  the  will  of  receiving  the 
Sacrament.  In  other  words,  the  sorrow  must  inform  the  con- 
fession, i.e.  make  the  accusation  a  penitent  or  sorrowful  con- 

71  This  is  in  accordance  with  the  Roman  Ritual,  which,  Tit.  TIL  cp.  I 
(Ordo  ministrandi  Sacr.  Pcenit.  n.  17),  says  :  "  After  the  confessor  has  heard 
the  confession  ...  he  should  try  by  earnest  exhortation  to  move  the  peni- 
tent to  contrition." 


RELATION    OF    CONTRITION     TO     THE    SACRAMENT      113 

fession,  and  apt  to  effect  a  reconciliation  with  God.  If  then  the 
sorrow  coexists  in  any  way  with  the  confession  and  is  referred 
to  it,  that  sorrow  constitutes  proximo  the  matter  of  the  Sacra- 
ment and  there  is  no  necessity  for  the  penitent  to  have  the  in- 
tention of  confessing  before  making  the  act  of  contrition.  In  a 
similar  way  water  is  the  matter  of  Baptism;  it  is  not  necessary 
that  the  water  should  be  procured  with  the  intention  of  con- 
ferring the  Sacrament;  it  is  quite  enough  to  take  the  water 
which  comes  to  hand  and  to  apply  it  to  the  sacramental  use. 
Now  there  can  be  no  doubt  that  the  sorrow  also,  though  not 
elicited  with  a  view  to  the  Sacrament,  can  remain  present  in 
some  way  in  the  soul,  and  while  so  present  may  later  on  be 
brought  into  contact  with  and  applied  to  the  Sacrament.  A 
man,  for  instance,  who  under  the  influence  of  his  contrition  seeks 
an  opportunity  of  going  to  confession,  or  makes  use  of  the 
opportunity  of  going  which  presents  itself,  has  certainly  not  lost 
his  contrition;  he  has  it  rather  in  greater  abundance,  though 
he  reflects  no  more  on  his  sorrow,  nor  even  retains  any  certain 
recollection  of  it  afterwards. 

Lacroix  has  no  sufficient  reason  for  demanding  that  sorrow 
must  be  aroused  with  the  view  of  going  to  confession,  saying 
that  otherwise  the  sorrow  would  not  be  a  sacramental  act, 
just  as  the  pouring  of  water  made  without  the  intention  of 
baptizing,  though  referred  immediately  afterwards  to  the  bap- 
tismal act  and  the  form  added,  is  not  a  sacramental  function. 
The  comparison,  we  answer,  is  not  to  the  point,  for  the  sorrow 
is  not  in  et  per  se  materia  proxima  as  is  the  pouring  of  the  water 
in  Baptism.  If,  however,  a  man  poured  out  the  water  with  some 
other  intention,  and  then  still  in  the  act  of  pouring  formed  the  in- 
tention of  baptizing,  the  Baptism  would  be  valid.  The  same 
argument  holds  for  penance;  hence  that  sorrow  is  sufficient 
which  coexists  in  any  way  with  the  wish  to  receive  the  Sacra- 
ment. 

In  the  case  quoted  above  where  the  penitent  first  confesses  his 


114  THE    RECIPIENT    OF   PENANCE 

sins  and  then  makes  his  act  of  sorrow  before  receiving  the  Sac- 
rament, or  when  he  is  moved  to  contrition  by  the  words  of  his 
confessor,  a  difficulty  may  arise,  since  the  confession  must  be  a 
sorrowful  one.  Such  an  enumeration  of  the  sins  cannot,  of 
course,  be  considered  as  informed  by  sorrow;  the  humble  de- 
mand for  absolution,  however,  takes  up  the  accusation  again 
and  perfects  it ;  and  makes  it  materia  proximo,  of  the  Sacrament. 

If,  on  the  contrary,  the  sorrow  has  been  elicited  with  no  idea 
at  all  of  confessing  the  sin,  there  is  reason  for  doubting  whether 
an  act  so  completely  independent  of  the  confession  will  become 
materia  of  the  Sacrament.  Absolution  cannot  be  demanded  in 
face  of  the  probability  of  such  an  essential  defect;  yet  one  can 
hardly  acquire  sufficient  certainty  of  the  existence  of  such  de- 
fect to  make  the  repetition  of  the  confession  obligatory.72 

III.  The  sorrow  must  coexist  at  least  virtually  with  the  ab- 
solution if  it  is  to  be  sacramental.  This  virtual  coexistence  is 
secured  if  the  sorrow  is  excited  immediately  before  the  accusa- 
tion or  the  absolution,  or  even  one,  two,  or  four  hours  before 
confession;  and  St.  Alphonsus  admits  that  real  sorrow  may 
last  one  or  two  days  and  still  be  sufficient  for  absolution,  when 
it  comes  from  the  desire  of  being  reconciled  with  God,  or  when 
it  urges  a  man  to  go  to  confession  in  order  to  avoid  the  sins  along 
with  the  occasion  of  them.  On  the  other  hand,  a  sorrow  re- 
moved by  so  long  an  interval  would  not  be  sufficient  for  valid 
absolution  if  the  confession  were  made  out  of  mere  devotion,  or 
in  fulfilment  of  a  vow,  or  for  some  similar  reason.  In  these 
latter  instances  one  or  two  hours  is  the  widest  limit  which  could 
be  assigned  for  the  virtual  duration  of  the  contrition.  Hence 
we  must  condemn  the  teaching  of  some  moralists  that  the  act 

72  S.  Alph.  Lib.  VI.  n.  447;  Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  I:  an 
dolor  ordinandus  ad  sacramentum,  n.  120-120  ;  Lehmkuhl,  1.  c.  Sect.  IT.  cp.  I. 
§  1,  n.280;  (lUry-Ballerini,  Compend.  Theol.  Mor.  Tract,  de  Sacr.  Pcen. 
art.  I.  §  1,  n.  447,  Q.  7;  Suarez,  De  Pcenit.  Disp.  20,  Sect.  4,  n.  29;  Lugo, 
De  Poenit.  Disp.  14,  n.  37-40;  Vindic.  Alph.  p.  935,  n.  108  ei  pp.  411-41S  ; 
Aertnys,  1.  c.  Lib.  VI.  Tract.  V.  cp.  III.  art.  II.  n.  179,. Q.  4. 


DELATION    OF    CONTRITION    TO    THE    SACHAMENT      115 

of  sorrow  endures  over  an  unlimited  time,  and  that  it  is  quite 
sufficient  if  it  is  not  retracted  in  the  interval.  Of  course  the  act 
of  contrition  loses  completely  all  its  value  for  absolution  by  any 
retraction;  and  sorrow  is  retracted  expressly  by  any  new  com- 
placency in  the  sin  or  by  any  fresh  mortal  sin. 

The  reasons  for  the  doctrine  just  given  have  already  been  laid 
down  in  the  preceding  paragraphs  on  the  relation  between  con- 
trition and  absolution.  The  theologians  fall  back  in  particular 
on  the  analogy  between  the  civil  and  sacramental  tribunals.  As 
in  a  civil  process  some  time  may  elapse  between  the  hearing  of 
the  case  and  the  passing  of  the  sentence  without  invalidating 
the  sentence,,  so  some  interval  may  elapse  between  the  sorrow 
and  the  absolution  by  which  sentence  is  pronounced;  this  delay, 
however,  must  not  be  too  long.73 

In  practice  the  priest  must  teach  the  faithful  and  insist  on 
their  renewing  the  act  of  sorrow  immediately  before  confession, 
if  it  is  some  time  since  they  made  it,  and  also  on  a  due  amount  of 
time  being  given  to  eliciting  contrition,  since  the  fruit  of  the 
Sacrament  is  more  abundant  in  proportion  to  the  care  taken  in 
preparing  for  it. 

In  the  case,  however,  where  confession  has  been  made  with 
genuine  sorrow  but  without  the  necessary  reference  to  the  Sac- 
rament, the  penitent  should  not  be  obliged  to  repeat  the  confes- 
sion, for  the  other  view  with  regard  to  the  sorrow,  that  it  is  not 
materia  sacramenti,  but  only  a  disposition  on  the  part  of  the 
penitent,  is  not  altogether  without  probability;  besides  il  is 
scarcely  probable  that  the  former  act  of  contrition  has  not  been 
renewed  when  the  man  intended  to  confess,  and  that  it  has  no 
sufficient  coexistence  with  the  confession,  or  at  least  with  the 
intention  to  confess.  Only  when  there  is  danger  of  death  or 
any  risk  of  the  penitent  dying  before  receiving  absolution 
again,  the  safer  course,  as  far  as  possible,  should  be  adopted; 


73 


S.  Alph.  Lib.  VI.  n.  44(5 :   II.  Ap.  'liar;,  it;,  n.  20. 


116  THE    RECIPIENT    OF    PENANCE 

for  on  such  important  occasions  prudence  counsels  us  to  guard 
against  even  slight  doubts,  so  as  not  to  jeopardize  our  eternal 
salvation. 

It  is  certain,  as  we  remarked  above,  that  the  act  of  contrition 
is  retracted  by  a  fresh  mortal  sin,  and  its  effect,  in  consequence, 
no  longer  endures.  It  is  not  so  easy  to  settle  the  question,  with 
regard  to  venial  sins,  as  to  whether  the  sorrow  for  venial  sin  based 
on  a  universal  motive  is  revoked  by  a  fresh  venial  sin,  or  whether 
the  sorrow  continues.  If  it  is  conceded  that  the  sorrow  is  re- 
voked, scruples  may  easily  arise  if  the  sorrow  has  not  been 
renewed  immediately  before  confession.  This  practice  is  very 
good;  but  not  necessary,  if  the  fresh  venial  sin  is  less  grievous 
than  those  which  the  penitent  intended  to  confess  when  he  made 
his  act  of  sorrow.74 

There  is  still  another  question  to  consider.  An  act  of  contri- 
tion is  made,  extending  to  all  past  sins,  those  which  are  forgotten 
as  well  as  those  which  are  remembered;  must  this  be  renewed 
if  the  penitent  afterwards  confesses  the  forgotten  sins  and  de- 
sires a  second  absolution  ? 

A  renewal  of  the  sorrow  in  this  case  does  not  seem  necessary, 
provided  that  the  sorrow  in  the  first  confession  extended  to  all 
past  sins,  even  those  which  by  chance  had  escaped  the  memory ; 
for  in  this  case  the  process  was  not  objectively  complete.  The 
sorrow  and  the  implicit  intention  of  receiving  absolution  were 
applied  to  all  sins,  even  those  inculpably  forgotten;  and  as  the 
renewal  of  the  sorrow  would  not  be  at  all  necessary  if  the  peni- 
tent, after  making  an  act  of  contrition  on  universal  grounds, 
recalls  just  before  the  absolution  some  sins  forgotten  and  con- 
fesses them  before  the  absolution  is  pronounced,  so  it  is  not 
necessary  in  the  case  mentioned,  since  it  is  much  the  same 
whether  one  receives  many  particular  absolutions  or  a  general 
one  embracing  all  the  sins.  .  Such  is  the  view  of  the  greater  number 

74  Cf.  Tamburini,  Method,  conf.  Lib.  I.  cp.  3,  §  4;  Lehmkuhl,  1.  c.  Sect. 
II.  ep.  T.  §  1,  n.  281. 


RELATION    OF    CONTRITION    TO    THE    SACRAMENT      117 

of  the  moralists.  Lugo,  St.  Alphonsus,  and  Reuter  may  bo  men- 
tioned particularly  as  favoring  it;  St.  Alphonsus  calls  this  teach- 
ing communis,  Roncaglia  moraliter  certa,  Sporer,  Elbel,  and  many 
others  probabilissima ;  it  has  been  declared  even  indubitata  apud 
omnes;  pro  ea  stat,  says  Lugo,  communis  praxis.  If  in  this  case 
one  or  two  confessors  perhaps  insist  on  the  renewal  of  the  sor- 
row, the  greater  number  agree  in  acting  differently  or  in  suggest- 
ing it  merely  as  a  piece  of  advice. 

The  champions  of  the  other  view  urge  that  the  case  is  closed 
by  the  first  absolution ;  if  then  absolution  is  to  be  given  again,  a 
new  materia  proxima  is  required,  and  even  if  the  sorrow  continue, 
it  has  no  relation  to  the  second  absolution.  It  is  easily  seen  that 
this  is  not  a  strong  reason.75  Yet  though  the  renewal  of  the  sor- 
row be  not  necessary  for  the  validity  of  the  absolution,  it  is  ad- 
visable to  make  again  the  act  of  sorrow,  which  is  easy  to  do  and 
certainly  increases  the  grace.  The  confessor  deals  prudently 
with  a  penitent  under  such  circumstances  when  he  requires  him 
to  make  a  short  renewal  of  his  act  of  contrition.76 

The  doctrine  just  developed  is  not  only  adopted  ex  communi 
sententia  in  the  case  more  or  less  frequent,  where  a  mortal 
sin  which  had  been  forgotten  is  confessed  immediately  after  or 
very  soon  after  absolution,  but  also  in  two  other  cases.  For 
instance,  a  penitent  in  immediate  danger  of  death  must  be 
absolved  after  one  or  two  sins  have  been  confessed;  after  this,  if 
he  be  still  alive,  the  confession  is  continued  and  completed.   The 

75  Cf.  Gury-Ballerini,  II.  1.  c.  n.  448;  Bailer.  Op.  Theol.  Mor.  1.  c.  cp.  I. 

ii.  129  ss. ;  Aertnys,  1.  c. ;  Lehmkuhl,  1.  c.  n.  282  ;  Mazzotta,  1.  c.  Tract.  VI. 
Disp.  I.  Q.  III.  q.  I.  §  3. 

76  Miiller  (1.  c.  Lib.  III.  Tract.  II.  §  1 10)  founds  his  advice  as  to  renew- 
ing the  act  of  sorrow  on  the  rule  in  praxi  tutius  est  sequendum,  since  it  is  a 
case  of  securing  the  validity  of  a  Sacrament.  He  is  in  error,  however,  for 
the  other  (affirmative)  opinion  hardly  deserves  to  be  considered  probable  on 
account  of  the  very  weak  grounds  on  which  it  rests.  We  must  at  the  same 
time  remember  that  the  penitent  in  this  case  is  certainly  justified,  and  that 
he  has  fulfilled  the  divine  precept  of  demanding  direct  absolution  for  all  his 
sins  when  he  confesses  his  sins  in  accordance  with  the  first  opinion. 


118  THE    RECIPIENT    OF    PENANCE 

other  example  is  when  a  penitent  (a  very  rare  case)  is  absolved  by 
his  superior  from  the  reserved  sins  only,  and  from  the  remain- 
ing sins  by  another  confessor.77 

The  result  of  this  doctrine  ought  not  to  be.  however,  that  con- 
fessors and  penitents  become  less  solicitous  about  contrition  for 
sins  already  remitted  by  the  Sacrament.  It  may,  however,  as 
Ballerini  remarks,  be  very  useful  in  quieting  scruples,  especially 
of  those  who  accuse  themselves  of  venial  sins  and  in  addition 
tell  some  mortal  sin  already  confessed  and  absolved ;  for  if  there 
is  little  ground  for  doubting  the  sorrow  for  past  mortal  sins  in  a 
penitent  who  has  usually  only  venial  sins  to  confess,  and  shows 
by  his  constant  victories  over  temptation  his  aversion  to  mortal 
sin,  yet  certain  anxious  penitents  are  frequently  troubled  with 
scruples  about  their  want  of  contrition,  especially  if  they  happen 
to  hear  a  preacher  who,  with  a  zeal  sometimes  devoid  of  pru- 
dence, condemns  the  repeated  confession  of  past  sins  made 
without  true  contrition.  Such  scruples  may  be  overcome  by 
various  means,  but  especially  by  the  doctrine  just  given.78 
To  conclude  with  a  few  practical  questions :  — 
1.  How  must  the  confessor  deal  with  a  penitent  who  thinks 
he  has  only  very  slight  contrition  ?  He  must  first  of  all  not  be 
too  hasty  in  deciding  that  this  penitent  is  indisposed  and  with- 
out the  necessary  contrition ;  there  are  men  whose  hearts  are  so 


77  Compare  §  42 ;  Gury-Ballerini,  1.  c.  This  doctrine  is  pushed  still 
farther,  and  it  is  taught  that  a  man  may  be  absolved  several  times  from 
sins,  even  though  he  has  confessed  them  or  other  sins  two  or  three  times 
without  renewing  his  contrition,  so  long  as  he  has  not  revoked  the  contri- 
tion, and  so  long  as  it  remains  habitual  and  virtual.  This  is  not  to  be 
understood  as  though  the  absolution  may  be  given  after  the  lapse  of  weeks 
and  months  on  the  strength  of  a  single  act  of  contrition;  this  would  be  a 
very  doubtful  proceeding,  since  the  virtual  continuance  of  the  sorrow  which 
is  required  is  not  to  be  understood  of  the  mere  habitual  disposition  of  the 
heart,  but  only  of  the  virtual  existence  which  may  still  intentionally  unite 
the  sorrow  with  the  absolution.  Cf.  Tamburini,  1.  c.  Lib.  I.  cp.  2,  §  5; 
Lehmfcuhl,  1.  c.  n.  282. 

78  Gury-Ballerini,  1.  c.  n.  1 17,  Nbta  a. 


RELATION    OF    CONTRITION    TO    THE    SACRAMENT      L19 

hard  and  inaccessible  to  sensible  impressions  that  it  is  only  with 
difficulty  and  at  rare  intervals  that  they  are  moved  to  a  sensible 
sorrow,  and  such  are  easily  inclined  to  think  that  they  have  not 
the  proper  dispositions.  The  confessor  must  remember  that  the 
feeling  of  sorrow  is  not  at  all  required,  but  that  a  real  grief  over 
the  past  life  and  an  earnest  desire  to  amend  arc  sufficient;  he 
must  satisfy  himself  that  these  dispositions  are  present  and  can- 
not demand  more.  He  may,  moreover,  reasonably  assume  the 
presence  of  these  dispositions  in  the  penitent  if  the  latter  be  will- 
ing to  listen  to  warning  and  instruction,  if  he  has  at  any  time 
really  endeavored  to  amend,  if  he  is  ready  to  perform  the  pen- 
ance imposed,  and  to  carry  out  other  prescriptions  of  a  like 
nature.79 

2.  When  with  regard  to  former  confessions  the  priest  wishes 
to  ascertain  whether  the  penitent  has  had  real  sorrow,  the  fol- 
lowing points  may  serve  as  indications:  — 

(a)  If  the  penitent  has  made  use  of  the  means  suggested  to 
him  for  overcoming  the  sin. 

(6)   If  he  has  avoided  at  least  the  proximate  occasions  of  sin. 

(c)  If  the  number  of  sins  has  become  less. 

(d)  If  the  penitent  is  convinced  that  he  had  real  sorrow  and 
purpose  of  amendment;  for  it  is  a  first  principle  in  the  Sacra- 
ment of  Penance  that  the  penitent's  word  is  to  be  taken,  since 
he  is  there  his  own  accuser  and  witness.80 

The  priest  must  act  here  with  great  prudence  so  as  not  to 
frighten  away  the  penitent,  and  at  the  same  time  not  to  indulge 
in  an  indiscreet  leniency  by  which  he  would  himself  commit  sin 
and  involve  both  the  penitent  and  himself  in  ruin. 

3.  It  is  not  easy  for  the  confessor  to  discover  when  the  peni- 
tent has  not  real  contrition;  the  following  directions,  which 
Cardinal  Denoff  in  his  pastoral  brought  to  the  notice  of  all  the 
confessors  of  his  diocese,  may  be  of  use :  — 

■'■■  Scavini,  1.  c.  Tract.  X.  Disp.  T.  cp.  II.  art.  I.  Adnot. 
80  CI'.  Stotz,  1.  c.  art.  VI.  n.  111. 


120  THE   BECIPIENT    OF   PENANCE 

(a)  If  the  penitent  approaches  with  a  proud  bearing  as  though 
despising  the  minister  of  Christ. 

(b)  If  he  answers  with  impatience  and  anger  the  questions 
which  the  confessor  is  bound  to  put. 

(c)  If  in  the  course  of  his  confession  he  constantly  makes 
excuses  and  accuses  others  more  than  himself. 

(d)  If  he  mentions  the  gravest  sins  as  though  they  were 
ordinary  occurrences. 

(e)  If  it  is  evident  that  he  is  trying  to  conceal  a  mortal  sin 
which  the  confessor  in  the  course  of  his  examination  has  de- 
tected. 

(/)  If  he  refuses  to  accept  a  penance  proportioned  to  the 
number  and  gravity  of  his  sins,  and  given  with  all  consideration 
for  his  circumstances. 

(g)  If  he  is  unwilling  to  employ  the  necessary  means  to 
reform. 

(/i)  If,  finally,  he  belongs  to  the  number  of  those  unhappy 
sinners  who  seek  ignorant  or  easy-going  confessors,  with  a  view 
of  getting  absolution  only,  without  any  intention  of  reforming.81 

4.  If  the  priest  has  to  deal  with  an  obstinate  sinner,  he  must 
discreetly  unite  mildness  and  severity,  but  above  all  pray  to 
God  for  him,  since  every  good  gift  comes  from  the  Father  of 
light.  He  may  picture  to  him  God's  great  mercy  and  the  love 
of  Jesus  to  give  him  courage;  or  he  may  try  to  soften  the  hard- 
ness of  his  heart  by  reminding  him  of  God's  justice  (cf.  S.  Alph. 
Praxis  Confessar.  cp.  I). 

81  Cf.  Scavini,  1.  c.  Adnotat.  n.  191,  and  Trucchi,  Metodo  practico  per  la 
facile  e  sicura  ammiiiistrat.  del  Sacr.  della  Penit. 


CHAPTER  II 

THE   PURPOSE   OF  AMENDMENT 

16.  Necessity  and  Nature  of  the  Purpose  of  Amendment. 

According  to  the  decision  of  the  Council  of  Trent,  as  we  have 
seen  above,  the  resolution  to  amend  as  well  as  contrition  is  re- 
quired for  the  valid  reception  of  the  Sacrament.  With  a  true 
sorrow  for  sin  is  always  conjoined  the  resolution  to  avoid  it, 
so  that  we  may  say  with  regard  to  past  sins  sorrow  means  grief 
and  horror,  with  regard  to  the  future  it  means  the  resolution 
to  amend.  For  instance,  a  man  who  hates  the  sin  he  has  com- 
mitted, because  it  is  sin  and  in  so  far  as  it  is  sin,  i.e.  because  it 
is  an  offense  against  Goo!  and  the  greatest  misfortune  which 
can  befall  a  mortal,  naturally  extends  that  sorrow  to  everything 
which  involves  sin,  and  so  to  the  sins  of  the  future,  since  they 
offer  the  same  grounds  for  hatred  as  the  rest. 

Now  amendment  is  effected  by  the  deliberate  intention 
never  to  sin  again  for  the  future.  A  distinction  is  drawn  be- 
tween the  express  or  formal  resolve  (propositum  explicitum  seu 
formate),  as  when,  for  example,  a  man  thinks  upon  his  future 
life  and  resolves  to  sin  no  more,  and  the  implicit  resolve  con- 
tained in  the  sorrow  (prOpositum  implicitum  seu  virtuale) ;  the 
latter  is  present  when  a  man,  without  thinking  upon  his  future 
life,  repents  of  his  sin  in  such  wise  that,  if  asked  whether  he  in- 
tends for  the  future  to  avoid  sin,  he  would  most  certainly  answer 
in  the  affirmative. 

It  is  a  disputed  point  among  theologians  whether  for  the 
validity  of  confession  an  express  (formal)  resolve  is  necessary 
or  one  included  in  the  act  of  contrition  (a  virtual  resolve)  is 

121 


122  THE    RECIPIENT    OF    PENANCE 

sufficient.  Some  teach  absolutely  (very  few,  however)  that 
an  express  resolve  is  necessary,  and  appeal  to  the  Council  of 
Trent  as  requiring  this  condition,  since,  after  defining  the  act 
of  contrition,  it  adds  the  words:  Gum  propositi  non  peccandi 
de  ccetero.1 

This  argument  is  successfully  invalidated  by  Cardinal  Lugo,2 
who,  in  addition,  brings  convincing  testimony  that  the  very 
opposite  conclusion  may  be  drawn  from  the  teaching  of  the 
Council.  Since,  moreover,  as  Ballerini  shows  in  his  notes  on 
Gury's  text,  only  a  very  few  theologians  adopt  that  view,  it  can 
hardly  lay  any  claim  to  probability.3 

Other  theologians  teach  absolutely  that  an  express  purpose  of 
amendment  is  not  necessary  if  the  contrition  proceed  from  a 
universal  motive ; 4  an  implicit  resolution  is  sufficient,  and  Lugo 

i  Sess.  XIV.  cp.  TV. 

2  Ue  Pcenit.  Disp.  14,  n.  52  s. 

3  Ballerini  points  out  particularly  that  the  older  theologians,  as  Petrus 
Lombardus,  St.  Thomas,  Blessed  Albert,  Scotus,  Durandus,  were  quoted 
without  reason  as  upholders  of  this  view,  for,  though  they  insisted  on  the 
necessity  of  some  sort  of  purpose  of  amendment,  they  made  no  distinction 
between  a  formal  and  a  virtual  purpose.  Cf.  Bellarmin,  De  Pcenit.  Lib. 
II.  cp.  6.  Moreover,  Suarez,  Cajetan,  Bonacina,  Henriquez,  and  Gregory 
of  Valentia  are  wrongly  quoted  in  favor  of  this  view;  they  taught  the  very 
opposite.     Cf.  Ballerini,  Notse,  1.  c.  ad  n.  462. 

4  The  purpose  of  amendment  must  be  universal,  and,  as  we  shall  show 
later,  with  a  universality  distinct  from  that  of  the  contrition.  If  the  sorrow 
proceeded  from  a  particular  motive  which  nee  actu  nee  virtute  extended  to 
the  other  sins,  it  is  clear  that  the  resolution  to  amend  implied  in  such  sorrow 
could  hardly  be  universal.  If,  for  example,  a  man  conceived  sorrow  for  the 
sin  of  impurity  only  on  account  of  the  peculiar  ugliness  of  that  vice,  the 
purpose  of  amendment  contained  in  such  a  sorrow  would  suffice  indeed  so 
far  as  it  applied  to  impurity,  but  not  for  other  sins,  because  the  motive  is  a 
particular  one  not  extending  to  other  sins.  If,  then,  the  sorrow  is  based  on 
some  particular  motive,  an  explicit  purpose  of  amendment  must  be  made 
extending  to  all  sins. 

If  the  sorrow  proceed  from  a  general  motive  applicable  to  all  sins  (if  a 
man,  for  example,  is  sorry  for  having  committed  a  serious  theft  because  it 
is  a  grave  offense  against  God),  it  is  impossible  that  he  should  be  willing  to 
offend  God  again  by  any  other  grave  sin,  for  in  consequence  of  his  act  of 
contrition  he  hates  and  detests  whatever  offends  God.     Whoever  heartily 


NATURE    OF    THE    PURPOSE    OF   AMENDMENT        123 

calls  this  opinion  communis  inter  recentiores.  Indeed  most  of 
the  theologians  endorse  it.  Ballerini  cites  seventy-three  by 
name,  with  the  passages  in  which  they  express  their  views."' 
It  is  also  founded  on  solid  intrinsic  grounds,  for,  according  to 
the  doctrine  of  the  Council  (loco  citato),  attrition  which  excludes 
the  desire  of  sinning  is  sufficient  for  the  valid  reception  of  the 
Sacrament;  but,  as  we  have  seen,  attrition  excludes  the  desire 
of  sinning,  even  when  there  is  no  formal  purpose  of  amendment, 
for  it  detaches  the  heart  of  man  from  sin,  and  not  only  from 
past  sin  but  from  all  sin.6 

Finally,  there  are  theologians  who  distinguish  and  say:  If  a 
penitent  advert  to  the  future,  he  must  make  a  formal  resolution 
to  amend;  if,  however,  as  in  the  case  of  the  dying,  no  thought 
of  the  future  occurs  to  him,  a  formal  resolution  is  not  necessary; 
for  it  is  hardly  possible  that  a  penitent  who  is  really  sorry  for 
his  sins  and  thinks  upon  the  future  should  fail  to  make  an 
express  and  formal  resolve  to  amend.  Yet  this  may  very  well 
happen,  as  Ballerini  observes,  to  pious  people,  especially  to  such 
as  are  careful  to  avoid  even  slight  deliberate  venial  sins,  and 
are  accustomed  to  make  acts  of  sorrow  for  defects  and  to  start 
afresh  on  the  right  way;  for  in  them  the  resolution  to  avoid 
sin  is  not  made  just  for  the  time  when  they  prepare  for  confes- 


detests  his  sins  from  a  universal  motive  will  be  slow  ever  to  fall  into  them 
again;  for  no  man  will  do  that  which  he  hates  as  an  offense  against  God. 
"But  when  the  Council  of  Trent  speaks  of  the  purpose  of  amendment,  it 
s] icaks  of  it  in  the  same  way  as  of  the  resolution  to  go  to  confession  and 
make  satisfaction,  and  this  need  not  be  explicit.  As  it  is  sufficient  that 
tn is  resolution  be  virtual,  it  is  also  enough  to  make  a  virtual  resolution  of 
reforming  one's  life  and  sinning  no  more;  it  is  always  a  real  resolution, 
though  it  be  only  a  'virtual  one.'  And  since  eminent  authorities  interpret 
the  Council  of  Trent  in  this  manner,  we  may  without  misgiving  follow  their 
decision."     Stotz,  1.  c.  Lib.  T.  P.  II.  Q.  II.  art.  III.  n.  88  ss. 

5  Ballerini,  Notae  ad  n.  462,  pp.  348-356  (Ed.  Romana,  1887),  and  Opus 
Theolog.  Morale,  1.  c.  (An  sufficiat  propositum  virtuale),  n.  1  13-155. 

6  This  is  also  the  doctrine  of  the  Council  held  at  Rome  in  1725  under 
Benedict  XIII  in  the  Lateran  Basilica. 


Sftrric  LTSfc 


«  JT 


124  THE    RECIPIENT    OF    PENANCE 

sion,  but  it  is  rather  an  enduring  habit  of  mind.  Hence  it  is 
not  matter  of  surprise  that  they  should  not  think  of  renewing 
and  confirming  their  resolution.  Suarez  makes  this  clear 
when,  in  speaking  of  perfect  contrition,  he  asks  whether  an 
act  of  perfect  love  suffices  for  justification,  or  whether  also  an 
act  of  sorrow  for  sin  be  necessary ;  he  replies  that  per  se  both 
are  required,  but  that  per  accidens  the  act  of  perfect  love  suffices, 
for  whoever  makes  an  act  of  perfect  love  is  undoubtedly  restored 
to  grace;  but  that  if  a  man  be  conscious  of  sin,  he  is  in  duty 
bound  to  reestablish  his  right  relation  to  God  and  to  make  a 
formal  and  explicit  act  of  displeasure  and  hatred  with  regard 
to  the  sin ;  to  neglect  this  duty  would  prove  that  he  had  no  real 
love.  In  a  similar  way  the  sinner  who  mourns  for  his  past  sins 
is  naturally  prompted  to  make  a  resolution  of  avoiding  sin; 
hence  the  voluntary  neglect  of  the  purpose  of  amendment  renders 
the  act  of  contrition  very  suspicious.7 

After  exposing  the  three  views  which  have  divided  theo- 
logians on  this  point,  St.  Alphonsus  concludes:  The  last  two 
views  are  certainly  the  more  probable;  but  since  the  first  has 
also  a  certain  probability,  it  must  in  practice  be  followed  ante 
factum.  He  holds  that  a  penitent  would  be  obliged  to  repeat 
his  confession  if  he  had  confessed  in  good  faith  without  an  ex- 
press purpose  of  amendment,  though  with  real  contrition  such 
as  would  include  a  virtual  purpose;  his  argument  being  that, 
since  the  first  opinion  is  sufficiently  probable,  a  penitent  who 
had  certainly  incurred  mortal  sin  is  bound  to  avow  the  same 
in  a  confession  that  was  certainly  and  not  merely  probably 
valid.8  Now,  as  we  have  shown  above,  the  first  opinion  can 
hardly  lay  claim  to  any  probability,  though  the  holy  Doctor 
concedes  it  as  such  mainly  because  he  was  misled  by  Lacroix 
into  believing  that  he  had  distinguished  authorities  on  his  side. 


7  Suarez,  De  Pnen.  Disp.  20,  Sect.  4,  n.  33. 

8  S.  Alph.  Theol.  Moral.  Lib.  VI.  n.  450. 


NATURE    OF    THE    PURPOSE    OF   AMENDMENT        125 

Besides,  St.  Alphonsus  teaches  in  another  part  of  his  Moral 
Theology  (1.  c.  n.  505)  that  the  penitent  should  not  be  obliged 
to  repeat  his  confession  unless  there  be  a  moral  certainty  of  its 
invalidity  —  a  doctrine  quite  in  accordance  with  the  sententia 
communis  and  with  excellent  reason  maintained  by  Lacroix, 
Gobat,  etc.,  in  opposition  to  Antoine,  one  of  the  most  conspicu- 
ous rigorists  of  his  time. 

In  the  case  under  consideration  it  may  be  decided  with  moral 
certainty  that  a  confession  made  with  a  virtual  purpose  of 
amendment  is  rather  valid  than  invalid,  especially  since,  ac- 
cording to  St.  Alphonsus  himself,  the  champions  of  all  these 
opinions  unite  in  declaring  that  a  confession  made  without  an 
express  resolution  of  amendment  need  not  be  repeated,  for  they 
would  certainly  have  decided  for  the  repetition  if  they  had 
thought  such  a  confession  invalid.  Hence  theologians  deny 
communissima  sententia  that  a  formal  purpose  of  amendment 
(if  the  contrition  is  based  on  a  universal  motive)  is  necessary 
necessitate  sacramenti;  they  admit  that  confessions  are  valid 
without  the  express  purpose-  of  amendment.  Add  to  this  that 
St.  Alphonsus  in  his  Homo  Apostolicus  taught  that  confessions 
made  with  only  a  virtual  purpose  of  amendment  need  not  be 
repeated.9 

We  conclude  with  the  following  principles :  — 

1.   In  order  to  receive  the  Sacrament  validly  and  to  share  in 

9  The  Turin  edition  of  his  Moral  Theology  defends  (lie  doctrine  held  in 
the  present  work,  and  shows  Dial  the  holy  Doctor  was  always  expending 
labor  on  the  text  of  the  Moral  Theology  and  correcting  it  up  to  the  end  of 
his  life.  Aertnys,  moreover,  declares  (appealing  to  S.  Alph.  Theol.  Moral. 
Lib.  T.  n.  5:5,  Lili.  III.  n.  7<><),  and  Lib.  VI.  n.  oil."))  that  there  is  no  obliga- 
tion of  repeating  the  confession;  and  Marcus  (Institut.  Moral.  Alphons.  P. 
TIL  Tract.  V.  Diss.  II.  cp.  I.  art.  II.  n.  1(580)  adopts  Scavini's  view  :  /// 
pniri  no  one  need  be  disturbed  in  this  matter,  since  it  can  hardly  happen 
that  a  really  contrite  penitent  will  omit  the  formal  purpose  of  amendment. 
Mullet  (1.  c.  §  117)  requires  for  the  validity  of  the  confession  a  formal  reso- 
lution to  amend,  and  maintains  that  confessions  made  without  the  formal 
resolution  are  to  be  repeated. 


126  THE    RECIPIENT    OF    PENANCE 

its  essential  effects,  a  virtual  or  implicit  purpose  of  amendment  is 
sufficient  if  the  sorrow  proceed  from  a  universal  motive. 

2.  If  confession  has  been  made  without  a  formal  and  express 
purpose  of  amendment,  there  is  no  obligation  to  repeat  the  con- 
fession as  though  it  had  been  invalid. 

3.  The  faithful  should  be  taught  and  urged  to  make  a  formal 
resolution  of  amendment  in  the  course  of  their  preparation  for 
confession. 

The  reason  of  this  last  prescription  is  not  so  much  to  be  found 
in  any  doubt  with  regard  to  confessions  made  without  the  ex- 
press purpose  of  amendment,  but  to  secure  a  more  abundant 
fruit  from  the  Sacrament.  We  shall  certainly  with  the  grace 
of  God  make  more  earnest  endeavors  to  avoid  sin  and  to  reform 
if  we  expressly,  deliberately,  and  with  all  our  heart  resolve  to 
avoid  sin.  Indeed,  as  Lehmkuhl  justly  observes,  apart  from 
the  grace  of  the  Sacrament  and  the  instruction  and  advice  of 
our  confessor,  the  frequent  reception  of  this  Sacrament  serves  to 
secure  us  against  relapse,  for  our  wills  need  a  frequent  stimulus 
to  remain  firm  in  the  hatred  of  sin.  Not  infrequently  one  cause 
of  our  relapses  is  a  weak  purpose  of  amendment.10 

17.   Properties  of  the  Purpose  of  Amendment. 

The  purpose  of  amendment  must  have  the  three  following 
properties:  it  must  be  absolute  or  firm,  efficacious,  and  uni- 
versal.    We  shall  consider  these  properties  in  detail. 

The  purpose  of  amendment  must,  first  of  all,  be  firm, 
answering  to  the  contrition  which  detests  sin  above  all  other 
evils;  so  that  a  man  under  no  circumstances,  neither  through 
fear  of  any  evil  or  love  of  any  good  will  think  of  swerving  from 
his  resolve.  Thus  the  purpose  of  amendment  is  not  a  velleity, 
not  a  mere  wish  or  a  vague  desire;  it  must  be  an  absolute, 
fixed  determination  never  to  sin  again;   otherwise  the  penitent 

10  Lehmkuhl,  1.  c.  n.  298.     Cf .  Stotz,  1.  c.  n.  92. 


PROPERTIES    OF    THE    PURPOSE    OF    AMENDMENT     127 

would  not  really  detest  sin  nor  really  and  thoroughly  turn 
to  God. 

The  resolution  must  then  be  so  fixed  that  the  penitent  is  re- 
solved to  overcome  all  the  difficulties  which  may  oppose  its 
execution.  The  confessor  will  prudently  refrain  from  placing 
before  the  penitent  all  the  difficulties  which  will  have  to  be 
faced  in  keeping  the  resolution  or  from  revealing  to  the  penitent 
all  his  obligations,  if  the  latter  be  bona  fide  ignorant  of  them; 
"for,"  says  Suarez,  "he  might  expose  the  penitent  to  the  obvious 
danger  of  making  no  resolution,  but  rather  of  sinning  again." 
It  is  enough,  continues  the  great  theologian,  if  the  confessor 
pictures  to  the  penitent  in  general  terms  the  hatefulness  of  sin, 
the  goodness  of  God,  the  danger  of  eternal  damnation,  etc.,  and 
that  the  penitent  in  consequence  of  the  exhortation  forms  a 
general  resolution  never  to  fall  again  into  mortal  sin.11  The 
advice  which  Cardinal  Cajetan  gives  to  confessors  is  in  much 
the  same  strain:  They  should  not,  he  says,  lead  their  peni- 
tents into  temptation  by  their  excessive  and  imprudent  zeal 
in  asking  whether  they  are  resolved  to  avoid  sin  even  at  the 
risk  of  suffering  the  greatest  misfortunes,  loss  of  goods,  of 
health,  or  even  of  life  itself;  for  questions  of  this  kind  would 
prove  a  snare  to  many  penitents.  His  office  should  be  rather 
to  persuade  them  to  love  God  above  all  things,  and  in  conse- 
quence of  this  love  to  repent  of  their  sins  and  avoid  them  for 
the  future.  In  this  way  he  will  inflame  the  hearts  of  his  peni- 
tents, without  leading  them  into  danger.12 

The  celebrated  Lugo  reminds  us  of  the  weakness  of  the  human 
heart;  the  confessor  is  to  take  this  weakness  into  account  in 
dealing  with  the  penitent,  and  not  put  before  him  singly  and 
explicitly  enormous  difficulties  which  he  should  be  ready  to 
overcome  rather  than  commit  sin.     In  another  place,  treating 


11  Suarez,  De  Pcenit.  Disp.  32,  Sect.  2,  n.  2. 

12  Cajetan,  Card.  Sum.  V.  Confess,  ad  12  qualit. 


128  THE    RECIPIENT    OF    PENANCE 

of  penitents  given  to  ambition  and  sensuality,  who  have  re- 
nounced their  sins  in  confession  though  without  great  sorrow, 
but,  conquered  by  the  strength  of  their  passion  which  they  have 
only  resisted  feebly,  have  relapsed  easily  when  occasion  offered, 
he  says:  "Indeed  we  do  not  dare  to  represent  clearly  in  detail 
the  temptations  or  occasions  of  sinning  which  may  occur,  in 
order  that  the  penitent  may  make  his  resolutions  on  each  point, 
for  there  is  good  reason  to  fear  that  he  will  fail  to  retract  his 
former  sins  even  in  confuso."13 

It  is  then  sufficient  per  se  that  the  penitent  resolve  in  confuso 
to  sin  no  more;  a  resolution  of  this  kind,  however,  may  be  easily 
defeated  by  the  contemplation  of  a  peculiar  difficulty.  For 
this  reason  the  penitent  should  renew  frequently  and  earnestly 
his  resolution  never  to  sin  again;  if  he  do  this  and  also  pray, 
there  is  reason  to  hope  that  he  will  be  victorious  in  the  actual 
moment  of  trial.  Men  of  strong  will  and  steadfast  heart  may 
put  before  themselves  and  contemplate  with  their  eyes  open 
the  difficulties  in  the  way  of  avoiding  sin  and  reforming  their 
lives,  and  such  conduct  is  helpful  in  the  spiritual  struggle,  unless 
the  subject  be  one  in  which  the  heart  is  vehemently  carried 
away  or  where  victory  consists  in  flight.  To  conjure  up  diffi- 
culties and  to  review  temptations  which  might  disturb  weak 
minds  and  lead  them  into  danger  u  serves  no  good  purpose  and 
is  not  to  be  recommended. 

From  the  foregoing  it  is  abundantly  evident :  — 
1.  That  the  Jansenists  and  rigorists  are  wrong  in  maintain- 
ing that  relapse  into  sin  is  a  sign  of  a  want  of  purpose.  The 
resolution  depends  on  the  present  frame  of  mind  which,  how- 
ever strong  it  is,  may  easily  waver.  "The  fact  of  a  man 
sinning  again  does  not  prevent  his  former  sorrow  from  having 
been  real ;   as  a  man  may  be  now  seated  who  has  been  running, 

13  Lugo,  De  Pcenit.  Disp.  7,  n.  238. 

14  Compare  Lehmkuhl,  1.  c.  Tract.  V.  Sacr.  Poenit.  Sect.  IT.  cp.  I.  §  3,  n. 
205. 


PROPERTIES    OF    THE    PURPOSE    OF   AMENDMENT     129 

so  a  man  may  fall  into  sin  who  has  been  truly  repentant; 
the  nature  of  a  former  act  is  not  changed  by  a  subsequent  act."15 
And  the  Rituale  Romanum  1(!  directs,  as  of  great  utility,  to  advise 
those  who  easily  relapse  into  sin  to  confess  often,  once  a  month, 
or  on  certain  feasts,  and  also  to  communicate;  it  presumes  that 
such  people  in  spite  of  their  relapses  have  made  good  confes- 
sions; otherwise  the  penitent  would  be  obliged  to  repeat  his 
confessions  as  being  invalid  every  time  that  he  relapsed,  which 
would  certainly  be  opposed  to  the  practice  and  universal  belief 
of  the  faithful.  If,  however,  a  penitent  relapse  without  any 
effort  to  overcome  himself,  it  may  be  taken  as  a  sign  that  he 
had  no  fixed  determination,  or  there  is  ground  for  a  suspicion, 
at  least,  of  its  absence;  any  one  who  is  really  determined  to 
avoid  sin  will  not  easily  forget  his  purpose;  he  will  resist  for 
some  time  at  least,  and  will  fall  less  easily  and  less  often.17 

2.  Even  if  a  penitent  is  conscious  of  his  own  weakness  and 
knows  that  he  will  relapse  in  spite  of  his  resolution  and  in  spite 
of  earnest  effort,  he  cannot  be  considered  as  giving  undoubted 
signs  of  weakness  of  purpose.  It  is  only  the  rigorists  who 
demand  a  firm  conviction  of  not  falling  again. 

If,  however,  a  penitent  is  so  afraid  that  he  will  fall  again, 
or  so  convinced  that  he  will  repeat  his  sin  as  to  despair  of  reform- 
ing, he  cannot  be  absolved;  not  only  does  he  fail  in  resolution 
—  there  is  a  fair  suspicion  at  least  that  he  has  no  fixed  deter- 
mination -  -  but  he  distrusts  God's  grace  which  is  ever  at  hand, 
and,  as  experience  proves,  is  always  efficacious  in  helping  men 
of  good  wall  to  overcome  difficulties  and  obstacles.  Before 
giving  such  a  penitent  absolution  he  must  be  taught  the  fatal 
error  of  his  ways,  moved  to  sorrow  for  his  despair,  for  such 


15  S.  Thomas,  III.  Q.  84,  a.  10  ad  4.  Compare  S.  Bonaventnre  in  IV. 
Sent.  Dist.  14,  p.  1,  d.  4;  S.  Alph.  Praxis  Confess,  cp.  1,  n.  20;  Theol.  Mor. 
Lib.  VI.  n.  451. 

16  Tit.  III.  cp.  I.  De  Sacr.  Pcen.  n.  19. 

17  Cf.  S.  Alph.  Lib.  VI.  n.  459. 


130  THE    RECIPIENT    OF    PENANCE 

despair  is  sinful,  and  exhorted  to  great  confidence  in  God's 
grace.  This  is  the  doctrine  of  St.  Alphonsus,18  in  which,  as 
he  himself  confesses,  he  follows  Busenbaum,19  Concina,  and 
Lacroix.20 

If,  finally,  the  penitent  has  misgivings  from  his  previous 
experience  of  relapses,  but  not  so  strong  as  to  deprive  him  of 
all  confidence,  he  is  not  to  be  classed  at  once  as  indisposed;  the 
confessor  must  persuade  him  to  make  a  firm  resolution  against 
sin  and  encourage  him  to  have  confidence  in  God's  grace.  If 
he  succeed  in  arousing  hope  in  him,  and  the  penitent  promise 
to  have  recourse  to  prayer  in  temptation,  it  is  better  to  give 
absolution  at  once  than  to  put  it  off.  This  class  of  penitents 
should  be  encouraged  to  confess  frequently,  for  there  is  reason 
to  hope  that  they  have  a  fixed  determination  to  improve;  there 
is  no  presumption  for  the  opposite  view,  since  a  strong  resolu- 
tion to  avoid  sin  is  quite  compatible  with  the  fear  of  a  possible 
relapse.21 

Still  less  would  it  be  a  sign  of  want  of  the  requisite  dispositions 
if  the  confessor  were  persuaded  that  the  penitent  could  hardly 
be  saved  from  a  relapse;  this  conclusion  may  be  drawn  with 
moral  certainty,  or,  at  least,  on  strong  presumption,  from  the 

18  Theol.  Mor.  Lib.  VI.  Tract.  IV.  De  Poen.  n.  451.  Cf.  Ballerini,  Op. 
Theol.  Mor.  1.  c.  n.  162. 

19  Medulla  Theol.  Mor.  Lib.  VI.  Tract.  IV.  De  Sacr.  Poen.  cp.  1. 

20  Lib.  VI.  p.  2,  n.  1822. 

21  This  may  be  regarded  as  the  communis  theologorum  doctrina ;  indeed 
many  theologians  (St.  Alphonsus  mentions  among  others  loco  citato  Lay- 
iiKinn,  Sporer,  Suarez,  Ilenriquez)  hold  that  a  penitent  who  believes  (credat) 
that  he  will  fall  again  can  always  and  absolutely  be  considered  as  being  in 
good  disposition.  They  do  not  mean  by  this  a  despair  of  reform,  but  rather 
a  grave  fear  which  may  be  consistent  with  a  firm  hope  in  the  aids  of  grace 
and  a  fixed  determination  of  never  sinning.  Besides,  as  Lacroix  explains, 
the  phrase  si  credat  must  be  taken  in  a  mitigated  sense  and  be  understood 
of  the  misgiving  natural  to  a  careful  person.  It  is  the  duty  of  the  penitent 
to  take  courage  and  free  himself  from  this  misgiving.  Compare  Lacroix, 
1.  c,  and  Gury-Ballerini,  1.  c.  Tract,  de  Poen.  P.  II.  cp.  I.  art.  II.  n.  4G1, 
Nota  a,  ami  ()|>.  Theol.  Mor.  1.  c.  n.  159  ss. 


PROPERTIES    OF    THE    PURPOSE    OF  AMENDMENT      131 

ordinary  occurrences  of  life;  hence  the  necessary  disposition 
on  the  part  of  the  penitent  can  always  be  secured. 

In  practice  it  is  not  of  infrequent  occurrence  that  a  penitent, 
otherwise  of  good  will,  alarmed  by  the  difficulties  of  some  under- 
taking, declares  that  he  cannot  avoid  a  certain  sin,  or  refuses  to 
make  a  promise  for  fear  of  breaking  his  word,  or  says  he  cannot 
trust  himself.  This  happens  in  the  case  of  those  who  are  given 
to  some  evil  habit,  as,  for  instance,  taking  the  name  of  God  in 
vain,  swearing,  flying  into  a  rage,  etc.  Such  a  penitent  must 
not  only  be  encouraged  to  trust  to  the  help  of  divine  grace,  but 
be  taught  that  all  required  of  him  is  to  have  at  the  present 
moment  (hie  et  nunc)  the  determination  not  to  relapse,  that  he 
should  not  look  too  far  ahead  but  make  his  resolution  day  by 
day.  The  confessor  must  take  particular  care  that  the  peni- 
tent understands  that  that  only  is  demanded  of  him  which  he 
freely  acknowledges  to  be  within  his  power.  This  end  is  ob- 
tained by  suggesting  methods  to  the  penitent  to  be  used  when 
he  is  free  from  temptation  as  well  as  when  he  is  attacked,  and 
by  impressing  upon  him  that  all  demanded  of  him  is  to  guard 
against  committing  sins  knowingly  and  with  full  advertence.22 

The  resolution  must,  moreover,  be  efficacious,  i.e.  the  penitent 
must  be  ready  not  only  to  avoid  sin,  but  also  to  take  the  neces- 
sary means  for  avoiding  it,  especially  by  avoiding  the  proximate 
occasions;  for  whoever  effectually  desires  some  end  must,  of  ne- 
cessity, as  far  as  lies  in  him,  remove  all  impediments  to  it,  and 
employ  all  the  means  which  will  lead  to  it.  Hence  theologians 
teach  that  the  resolution  must  be  efficax  affectu;  in  the  case, 
however,  where  it  is  not  executione  efficax,  i.e.  where  the  peni- 
tent fails  to  accomplish  his  purpose,  it  is  not  reasonable  to  con- 
clude at  once  that  a  real  and  sufficient  resolve  was  absent, 
though  some  presumption  against  the  fixity  of  the  purpose 
may  be  entertained.     What  has  been  said  with  respect  to  the 

22  Cf.  Gury-Ballerini,  1.  c. 


132  THE    RECIPIENT    OF   PENANCE 

steadfastness  of  the  purpose  of  amendment  may  be  applied  to 
its  efficaciousness,  seeing  that  the  two  subjects  are  so  intimately 
connected.  Though  it  is  undoubted  that  for  valid  confession 
the  purpose  of  amendment  must  be  fixed  and  efficacious,  yet  we 
are  not  to  understand  thereby  that  a  mm  may  never  fail  in  his 
resolution.  It  is  quite  certain  that  men  are  so  fickle  that  they 
will  fall  away  frequently  from  determined  and  fixed  resolutions, 
as  we  see,  for  instance,  in  the  case  of  St.  Peter,  who,  as  we  know, 
was  sincerely  pledged  not  to  betray  his  Lord,  and,  yet,  denied 
Him  soon  after,  at  the  mere  word  of  a  maid  servant. 

The  purpose  of  amendment,  then,  is  fixed  and  efficacious  when 
a  man  is  determined  really  to  carry  out  what  he  has  proposed, 
though  he  may  afterwards  fail  through  fear  of  an  obstacle  or 
in  the  stress  of  temptation;  this  happens  often  enough  even  in 
the  case  of  those  who  are  aiming  at  Christian  perfection.  Hence, 
for  valid  reception  of  the  Sacrament,  the  purpose  of  amendment 
is  sufficiently  efficacious  if  it  keep  a  man  from  sin  during  the 
time  that  his  resolution  lasts.23 

In  order  to  be  reasonably  free  from  misgivings  with  regard 
to  his  resolution,  the  penitent  should  be  morally  certain  that 
he  desires  to  avoid  sin  at  any  cost  for  the  rest  of  his  life,  despite 
all  grounds  he  may  have  for  believing  that  his  resolution  may 
become  weak  in  course  of  time. 

Finally,  the  resolution  must  be  universal,  i.e.  it  must  extend 
to  all  mortal  sins  at  least,  not  only  those  which  have  been  com- 
mitted, but  also  those  which  are  possible.  Here  lies  the  dis- 
tinction between  the  universality  of  the  contrition  and  that  of 
the  purpose  of  amendment;  for  while  the  sorrow  is  universal 
which  includes  all  the  sins  that  have  been  committed,  the  reso- 
lution, in  order  to  be  valid,  must  embrace  all  possible  mortal 
sins.  If  there  remained  but  a  single  mortal  sin  which  the  peni- 
tent was  unwilling  to  shun,  his  resolution  would  be  vain  and 

23  Cf.  S.  Alph.  1.  c.  Lib.  VI.  n.  451;  Stotz,  1.  o.  Lib.  I.  P.  II.  Q.  IT. 
art.  V.  n.  102  s. 


AMENDMENT    WITH    REGARD    TO    VENIAL    SIN        138 

useless  even  with  regard  to  his  other  sins,  because  it  could  not 
be  founded  on  a  universal  motive,  such  as  hatred  of  sin  consid- 
ered in  the  light  of  an  offense  against  God.  A  resolution  which 
is  based  on  this  motive  extends  to  all  mortal  sins  without  re- 
serve, because  they  are  all  an  offense  against  God;  and  if  but 
one  be  excepted,  such  a  motive  could  not  have  influenced  the 
purpose  of  amendment,  which  in  consequence  cannot  be  real 
and  genuine.21 

18.   The  Purpose  of  Amendment  with  regard  to  Venial  Sin. 

The  purpose  of  amendment,  as  we  have  said,  must  extend  at 
least  to  all  mortal  sins.  With  regard  to  venial  sins  it  must  be 
constant  and  efficacious,  but  not  necessarily  universal;  for, 
since  venial  sin  is  consistent  with  the  friendship  and  grace  of 
God  in  the  soul,  one  is  not  obliged  to  resolve  on  avoiding  all  of 
them :  indeed  no  one  sine  speciali  privilegio  gratice  can  avoid  all 
venial  sins,  and  no  one  is  called  upon  to  resolve  to  accomplish 
the  impossible;  still  there  is  an  obligation  to  resolve  to  avoid 
them  as  much  as  possible,  or  at  least  to  diminish  their  number. 
The  following  points  will  present  the  matter  in  detail:  — 

1.  It  is  sufficient  with  respect  to  any  venial  sin  to  make  an 
act  of  contrition  and  a  purpose  of  amendment,  even  though 
these  acts  do  not  extend  to  all  lighter  venial  sins  of  the  same 
species;  for  the  greater  the  sin  the  greater  is  the  offense  against 
God  and  the  punishment  due  to  it;  and  a  man  may  well  shrink 
from  displeasing  God  beyond  a  certain  point,  though  below 
that  point  he  may  be  careless. 

2.  It  is  sufficient  to  make  an  act  of  sorrow  and  purpose  of 
amendment  with  regard  to  some  particular  species  of  sin,  or 
some  vice,  or  some  sins  opposed  to  a  particular  virtue,  especially 
if  the  penitent  keeps  before  his  mind  those  particular  sins  which 
have  been  committed  with  greater  malice  and  deliberation.25 

24  Cf.  Trid.  Sess.  XIV.  cp.  4;  S.  Alph.  1.  c.  Lib.  A'T.  n.  451. 

25  The  reason  for  this  doctrine  is  very  clearly  put  in  Lugo's  Responsa 


134  THE    RECIPIENT    OF   PENANCE 

3.  With  much  more  reason  may  it  be  considered  sufficient  to 
make  acts  of  sorrow  and  purpose  of  amendment  for  all  perfectly 
deliberate  venial  sins  on  account  of  their  greater  guilt;  such  a 
universal  sorrow  must,  however,  include  a  fixed  and  efficacious 
resolution  of  amendment.     With  respect  to  venial  sins  which 

Moralia,  Lib.  I.  dub.  29,  where  he  answers  the  difficulty  how  a  man  may 
make  an  efficacious  and  sufficient  act  of  contrition  with  respect  to  one 
species  of  sin,  excluding  other  species.     The  learned  author  remarks :  — 

1.  That  if  a  man  repent  of  his  sins  from  a  universal  and  general  motive, 
he  embraces  of  nece&sity  all  his  sins  in  this  act  of  contrition.  If,  then,  such 
a  motive  excite  a  man  to  repentance,  he  is  of  necessity  moved  to  shun  all  sin. 

2.  Such  motives,  however,  —  and  this  is  a  point  well  worth  noticing, — 
may  excite  contrition  in  a  more  restricted  manner;  for  instance,  the  graver 
the  sins,  the  more  they  displease  and  offend  God  ;  hence  a  man  may  be  led  to 
hate  this  excess  of  wickedness.  In  this  case  "  the  motive  of  the  contrition 
is  not  the  offense  of  God  as  such,  but  that  gravity  of  the  offense  which  is 
not  found  in  other  venial  sins." 

3.  All  this  being  now  assumed,  the  difficulty  remains  whether  a  peni- 
tent, for  instance,  who  is  contrite  for  slight  lies,  must  at  least  virtually 
repent  of  other  venial  sins  of  another  species,  which  are  graver  than,  or  at 
least  as  grave  as,  that  class  of  lies,  or  whether  he  can  have  contrition  suffi- 
cient for  sacramental  absolution  for  those  lies  without  repenting  virtually  of 
venial  sins  of  another  species  as  great  or  greater.  This  may  be  the  case  if 
the  formal  motive  of  sorrow  is  a  particular  one  ;  for  instance  here  the  hatred 
which  God,  the  Eternal  Truth,  must  have  for  lies.  It  does  not  hold  if  the 
sorrow  proceed  from  the  motive  of  penance,  for  we  could  not  hate  anything 
as  offensive  to  God  and  at  the  same  time  be  ready  to  offend  Him  in  other 
matters.  The  same  holds  true  if  we  are  really  sorry  for  sin  through  fear  of 
hell-fire.  "  There  are  occasions,  however,  when  the  motive  of  sorrow  may  be 
particular — when,  for  instance,  a  man  is  sorry  for  the  irreverence  done  to 
God  because  it  is  an  injury  to  His  divine  Majesty  (such  a  motive  is  called  a 
motive  of  religion)  ;  he  is  not  obliged  even  virtually  to  repent  of  graver  or 
equally  grave  venial  sins  of  another  species,  except  they  involve  an  irrever- 
ence equally  incompatible  with  the  virtue  of  religion." 

Lugo  also  shows  that  a  similar  case  happens  when  a  man  repents  of 
some  particular  species  of  sin,  e.g.  of  lying,  not  on  account  of  the  disobedi- 
ence to  God  which  every  sin  includes,  but  on  account  of  the  disobedience 
involved  in  transgressing  a  special  command  of  God,  or  rather  on  account 
of  the  opposition  of  these  sins  to  the  special  law  of  God  which  forbids  us  to 
violate  the  truth. 

Moreover,  he  adds  that  the  same  holds  true  in  regard  of  the  special 
temporal  sufferings  which  God  inflicts  for  particular  species  of  sins,  e.g. 
disrespect  to  parents. 


AMENDMENT     WITH    UFJlARD    TO    VENIAL    SIN        135 

are  not  quite  deliberate,  the  resolution  to  take  more  pains  to 
avoid  them  is  a  sufficient  purpose  of  amendment.  In  order 
that  such  a  universal  resolve  may  be  of  avail,  a  particular  spe- 
cies of  sin  should  be  singled  out  and  made  the  special  object  of 
contrition  and  amendment. 

4.  Moreover,  it  is  the  general  teaching  of  moralists  that  it  is 
enough  to  make  acts  of  sorrow  and  amendment  with  regard  to 
the  frequency  of  venial  sin  if  the  penitent  really  resolve  to 
reduce  the  number;  it  is  necessary  here,  however,  to  guard 
against  a  very  lax  practice.  Though  such  doctrine  is  possible  in 
theory  and  such  a  purpose  of  amendment  may  be  defended  as 
sufficient  for  the  Sacrament,  yet  it  is  not  free  from  risk ;  hence 
St.  Alphonsus  in  his  book  Praxis  Confessarii  distinctly  states 
that  a  resolution  founded  only  on  the  great  number  of  venial 
sins  without  any  sorrow  for  any  particular  venial  sin  is  not  suf- 
ficient for  receiving  the  Sacrament,  while  in  his  Moral  Theology 
he  grants  that  such  a  resolution  is  permissible,  anil  founds  it 
on  the  doctrine  of  St.  Thomas;  for  it  is  impossible,  he  says,  to 
be  sorry  on  account  of  the  number  of  the  venial  sins  without 
repenting  at  least  of  those  that  have  been  last  incurred  and 
which  have  raised  the  number.26 

The  above  doctrine  may  be  useful  to  the  priest  in  appeasing 
scruples  about  past  confessions,  if  the  penitent  is  not  in  the 
habit  of  falling  into  grave  sin,  and  fears  that  he  may  have  con- 
fessed without  sufficient  sorrow  and  purpose  of  amendment. 
Ante  factum,  i.e.  before  confession  or,  at  least,  before  absolution 
is  given,  this  doctrine1  should  be  confined  in  praxi  to  the  sorrow 
and  amendment  of  sins  not  quite  deliberate  and  incurred  through 
carelessness ;  for  the  guilt  of  such  sins  lies  chiefly  in  the  care- 
lessness by  which  a  man  fails  to  watch  himself  and  his  evil 
inclinations,  so  far  as  possible  to  repress  and  overcome  them. 

It  is  impossible  for  a  man  to  preserve  himself  entirely  from 

26  S.  Alph.  Praxis  Confessarii,  n.  71 ;  Theol.  Mor.  Lib.  VI.  n.  449.  Cf. 
S.  Thorn.  III.  Q.  87,  a.  1. 


136  THE  RECIPIENT    OF   PENANCE 

all  these  sins,  hence  it  is  enough  to  be  resolved  to  use  great 
vigilance  in  reducing  the  number. 

Moreover,  it  may  be  observed  that  a  man  who  keeps  his  con- 
science so  pure  that  he  has  only  indeliberate  venial  sins  to  con- 
fess will  easily  make  a  sufficient  act  of  sorrow  for  past  sins ;  but 
if  a  man  always  falls  into  the  same  sin,  it  is  a  fairly  clear  sign 
that  he  has  no  true  contrition  and  no  firm  purpose  of  amendment; 
hence  it  is  a  useful  practice  to  make  more  careful  acts  of  sorrow 
and  amendment  with  regard  to  some  particular  sin,  or  to  add 
some  grave  sin  of  the  past  life  with  respect  to  which  real  sorrow 
and  a  firm  purpose  of  amendment  can  be  aroused. 


CHAPTER  III 

CONFESSION 

Article  I 

ESSENCE,     NECESSITY,     AND     PROPERTIES     OF    CONFESSION 

19.   Essence  and  Necessity  of  Confession. 

Though  contrition  is  the  most  important  of  the  dispositions 
which  a  penitent  must  bring  to  the  Sacrament,  the  confessing  of 
the  sins  is  the  most  prominent  feature  to  ordinary  observers; 
hence  the  Sacrament  is  often  simply  called  confession,  as  in  the 
very  earliest  ages  of  the  Church  it  was  known  simply  as  confessio 
(in  Greek  exomologesis). 

Sacramental  confession  is  the  self-accusation  of  sins  com- 
mitted after  Baptism  and  not  yet  remitted  in  the  Sacrament, 
and  it  is  made  by  the  penitent  to  a  priest  having  the  necessary 
faculties  and  with  the  object  of  obtaining  absolution. 

Hence  it  is  not  a  sacramental  confession  when  the  sins  are 
told  enarratione  mere  historica;  such  a  recital  would  not  be  an 
accusation,  nor  would  it  be  done  with  the  view  of  acknowledg- 
ing one's  self  a  sinner  or  of  obtaining  absolution.  Moreover,  it 
is  not  a  sacramental  confession  if  sins  are  revealed  to  a  priest  to 
obtain  counsel  or  help  from  him,  or  if  they  are  told  to  the  priest 
merely  in  derision,  for  there  would  be  no  accusation  in  this, 
at  least  it  would  not  be  done  with  a  view  of  obtaining  absolution. 
On  the  contrary,  a  confession  invalid  through  any  defect  what- 
ever would  be  sacramental  if  it  was  made  in  order  to  obtain 
absolution. 

If,  however,  a  man  began  by  simply  relating  his  sins  to  an 
authorized  priest  without  any  idea  of  making  a  sacramental  con- 

137 


138  THE    RECIPIENT    OF    PENANCE 

fession,  and  then  in  order  to  obtain  absolution  accuses  himself 
in  general  terms  to  the  same  priest  of  those  same  sins,  the  con- 
fession would  be  sacramental,  for  then  a  formal  accusation 
would  be  made  of  those  sins  to  the  priest  as  judge,  in  order  that 
absolution  might  be  given. 

The  necessity  of  this  confession  for  all  mortal  sins  committed 
after  Baptism  is  a  dogma  of  the  Church,  and  rests  on  the  divine 
institution  of  the  Sacrament.  The  proof  is  to  be  sought  in  dog- 
matic treatises.  In  the  divine  institution  of  this  Sacrament,  as 
a  necessary  means  for  obtaining  forgiveness  of  sin  by  confes- 
sion to  a  priest,  is  included  the  divine  command  of  confessing 
sin,  which  binds  all  who  have  committed  mortal  sin  after  Bap- 
tism. We  have  already  spoken  of  this  in  treating  of  the  duty 
of  approaching  the  Sacrament,  since  confession  is  one  of  the 
acts  required  of  the  penitent  on  receiving  this  Sacrament.1 

There  remains  yet  another  point  which  shows  the  necessity 
of  confession.  Perfect  contrition,  as  we  have  seen  above,  re- 
mits sin  apart  even  from  the  Sacrament,  but  it  does  not  remove 
the  obligation  of  mentioning  the  sins  so  remitted  to  a  duly 
authorized  priest.  The  obligation  remains,  because  by  Christ's 
command  every  mortal  sin  committed  after  Baptism  must  be 
submitted  by  confession  to  the  power  of  the  keys.  This  follows 
from  the  words  of  Our  Lord  (John  xx.  23) ;  hence  the  Council 
of  Trent  teaches  that  for  those  who  have  fallen  into  mortal  sin 
after  Baptism  confession  is  as  necessary  as  Baptism  is  to  those 
who  have  not  been  baptized.2 

20.   The  Properties  of  Confession. 

The  necessary  properties  of  confession  have  their  origin  in 
its  nature  and  object.  The  primary  object  of  the  confession  is 
to  put  the  confessor,  who  is  bound  to  act  in  his  office  as  a  judge, 
not  as  a  despot,  in  a  position  to  form  a  judicial  sentence,  so 

1  Compare  above,  §  3.  2  Sess.  XIV.  cp.  2. 


THE    PROPERTIES    <)E    CONFESSION  139 

that  he  may  be  able  to  decide  whether  the  sinner  be  worthy  or 
unworthy  of  absolution,  and  also  that  he  may  be  able  to  impose 
a  suitable  penance.  To  succeed  in  this  the  confession  must  be 
such  as  to  allow  the  confessor  a  view  of  the  whole  moral  state  of 
the  penitent,  hence  it  must  be  complete.  This  property,  how- 
ever, being  of  very  great  importance,  will  be  treated  in  a  separate 
division.  The  other  necessary  feature,  the  contrition,  has  been 
already  dealt  with.  The  remaining  properties  are  of  secondary 
importance  and  not  essential ;  they  turn  partly  on  the  integrity 
and  partly  on  the  contrition  and  have  beem  summarized  in  the 
following  verses :  — 

Sit  simplex,  humilis  confessio,  pura,  fidelis 
Atque  frequens,  nuda  et  discreta,  libens,  verecunda, 
Integra,  seereta  et  lacrimaMlis,  accelerata, 
Fortis  et  accusans  et  sit  parere  parata. 

Though  these  properties  are  not  so  essential  that  the  want  of 
any  one  of  them  nullifies  the  confession,  they  are  all  useful  in 
their  several  ways  to  instruct  a  penitent  how  to  make  a  good 
confession.     For  this  reason  we  will  treat  of  them :  — 

1.  Simplex.  The  confession  should  be  simple,  straightforward, 
short,  and  clear;  the  penitent  will  therefore  avoid  all  unneces- 
sary, superfluous  words,  all  prolix  narrations  and  remarks  which 
have  no  connection  with  the  matter;  at  the  same  time  he  will 
avoid  the  use  of  all  unintelligible  expressions  or  such  as  are  mis- 
leading and  ambiguous;  let  his  accusation  be  so  worded  that  he 
may  take  it  for  granted  that  the  priest  will  understand  both  the 
number  and  species  of  the  sins.  Thus,  too,  he  must  not  accuse 
himself  in  a  vague  and  general  manner,  as,  "I  have  had  bad 
thoughts";  for  the  confessor  cannot  judge  from  this  whether  a 
mortal  or  a  venial  sin,  or  indeed  any  sin  at  all,  has  been  incurred; 
let  him  use  such  words  as  describe  clearly  the  sins  he  has  com- 
mitted, making  use  of  the  proper  and  specific  terms.  Finally, 
he  should  avoid  unnecessary  repetitions  of  sins  which  differ  only 
in  number,  not  recounting  them  separately  because  they  were 


140  THE    RECIPIENT    OF    PENANCE 

committed  at  different  times  or  on  different  occasions;  all  the 
sins  should  be  grouped  under  their  specific  names  and  the  num- 
ber given.  It  is  the  duty  of  the  priest,  in  the  case  of  penitents 
who  fail  in  this  respect,  to  instruct  them,  at  the  same  time  tak- 
ing into  account  the  peculiarities  of  the  penitent  and  showing 
great  patience.  St.  Antoninus  gives  a  very  useful  piece  of  ad- 
vice on  this  subject.  Penitents,  says  he,  who  need  consolation 
in  their  trials  or  advice  in  their  doubts  should  defer  their  diffi- 
culties till  after  they  have  confessed  and  received  absolution; 
otherwise,  if  they  dilate  on  these  subjects  during  the  confession 
of  their  sins,  there  is  danger  of  their  contrition  being  weakened. 

2.  Humilis.  Let  the  confession  be  humble,  for  a  man  ap- 
proaches the  tribunal  as  a  penitent,  as  one  guilty  of  crime,  as 
one  accusing  himself  to  his  judge  and  seeking  grace  and  mercy; 
of  such  a  one  humility  and  lowliness  are  to  be  expected.  Surely 
the  knowledge  of  one's  sins  and  sinfulness  revealed  by  an  honest 
examination  of  the  conscience,  the  remembrance  of  repeated 
unfaithfulness  and  ingratitude  to  God,  are  reason  enough  for 
being  humble.  Let  this  humility  fill  the  heart,  pervade  the 
accusation,  be  manifested  in  the  whole  exterior;  then  let  the 
penitent  go  into  the  confessional,  kneeling,  with  head  uncov- 
ered, like  the  publican  in  the  Gospel,  who  remained  by  the  door 
of  the  Temple  and  dared  not  to  raise  his  eyes  to  heaven,  but 
struck  his  breast  and  prayed :  "  God,  be  merciful  to  me  a  sinner." 
The  words  used  by  some  are  very  appropriate  as  an  introduction 
to  the  confession:  "I,  a  poor  sinner,  confess  and  acknowledge 
to  God,  and  to  you,  reverend  father,  in  God's  place,  that  I 
have  sinned  often  and  grievously  by  thought,  word,  deed,  and 
omission,"  etc.  Others,  again,  use  the  words  of  the  Confiteor: 
"  I  confess  to  almighty  God,  to  Blessed  Mary,  ever  a  virgin,  .  .  . 
that  I  have  sinned  exceedingly  in  thought,  word,  and  deed,"  etc. 

3.  Pura.  The  confession  should  be  made  with  the  object  of 
gaining  pardon  of  sin  and  the  grace  of  the  Sacrament.  If  it  were 
made  with  any  wicked  and  gravely  sinful  intention,  it  would  be 


THE    PROPERTIES    OF    CONFESSION  141 

a  sacrilegious  and  invalid  confession;  if  the  penitent  had  any 
venially  sinful  object  in  view,  e.g.  to  gain  esteem,  the  con- 
fession would  be  valid  though  the  penitent  would  incur  the  guilt 
of  venial  sin  by  it.  If  the  penitent's  principal  intention  is  to  be 
reconciled  to  God,  though  at  the  same  time  there  be  present 
other  motives  not  altogether  forbidden,  the  confession  is  unim- 
paired; the  same  may  easily  happen  in  other  good  works,  and 
secondary  motives  do  not  exclude  the  principal  one. 

4.  Fidelis  (seu  verax).  The  confession  should  be  truthful  and 
candid,  without  lies  and  deceit.  Hence  the  penitent  must  not 
conceal  the  sins  he  has  committed,  nor  confess  those  which  he 
has  not  committed;  neither  may  he  confess  as  certain  what  is 
doubtful,  nor  what  is  doubtful  as  certain.  It  is  disputed  whether 
every  lie  in  confession  is  a  mortal  sin  and  renders  the  confession 
null.  There  are  indeed  theologians  who  maintain  that  every  lie 
told  in  confession  is  a  mortal  sin,  because  of  the  sin  being  com- 
mitted in  the  very  act  of  receiving  a  Sacrament.  This  view, 
however,  is  wrong.  It  is  true  that  any  lie  told  in  confession  is 
more  sinful  than  the  same  lie  told  under  other  circumstances 
would  be,  on  account  of  the  irreverence  to  the  Sacrament ;  but 
mortal  sin  would  be  incurred  only  by  a  lie  in  confession  when  the 
lie  concerns  the  materia  necessaria  of  confession ;  in  such  a  case 
the  confession  is  invalid,  for  the  judge  is  deceived  about  the  case, 
and  that  is  gravely  wrong.  If  the  penitent  lies  to  the  confessor 
in  a  matter  which  does  not  pertain  to  the  Sacrament,  there  is  no 
mortal  sin,  for  such  a  lie  does  not  mislead  the  judge  nor  imply 
a  grave  irreverence  to  the  Sacrament,  since  still  there  is  real  mat- 
ter for  the  Sacrament  and  a  sufficient  disposition  to  obtain  the 
grace  of  the  Sacrament.  Accordingly,  if  the  lie  told  in  confession 
has  nothing  to  do  with  the  confession  itself,  it  is  mortal  or  venial 
on  its  own  merits  quite  apart  from  the  circumstances  of  its  being 
told  in  confession. 

From  what  has  been  said  it  follows  that  a  penitent  incurs 
venial  sin  by  a  lie  told  in  confession  when  (1)  he  accuses  him- 


142  THE    RECIPIENT    OF    PENANCE 

self  falsely  of  a  venial  sin  or  denies  having  committed  a  venial 
sin;  except  where  this  venial  sin  forms  the  sole  matter  of  con- 
fession, for  then  he  would  sin  mortally,  not  on  account  of  the  lie, 
but  on  account  of  the  grave  irreverence  done  to  the  Sacrament 
in  offering  to  the  priest  insufficient  matter,  for  sins  falsely  stated 
can  never  be  matter  for  absolution. 

(2)  Moreover,  it  is  only  a  venial  sin  if  the  penitent  denies 
having  committed  a  mortal  sin  which  he  is  not  bound  hie  et 
nunc  to  disclose,  either  because  he  has  already  revealed  it  in  a 
valid  confession  or  because  he  has  pressing  reasons  for  not  dis- 
closing it  hie  et  nunc.  Indeed  it  is  possible  that  there  is  no  sin 
at  all  when  a  penitent  makes  use  of  mental  reservation.  The 
confessor  has  no  right  to  put  questions  which  have  no  connec- 
tion with  the  materia  necessaria,  and  the  penitent  is  not  bound 
to  answer  such  questions;  to  avoid  a  lie  he  may  use  a  mental 
reservation  by  choosing  an  ambiguous  expression  which  con- 
tains the  truth,  leaving  the  confessor  to  judge  for  himself.  If, 
on  the  contrary,  the  priest  has  a  right  to  inquire  of  the  penitent 
whether  he  has  committed  some  grave  sin  which  has  been  al- 
ready confessed,  and  the  penitent  denies  the  charge,  he  would 
sin  mortally.3 

(3)  If  the  penitent  is  questioned  by  the  priest  as  to  his 
home,  his  condition,  or  his  relatives  or  friends,  and  answers  not 
according  to  the  truth,  knowing  that  these  questions  have  no 
bearing  on  the  nature  of  his  sins,  such  untruths  are  only  venial ; 
for  if  a  lie  told  in  confession  with  respect  to  venial  sins,  although 
these  may  be  matter  of  confession,  be  only  a  venial  sin,  a  lie 
with  respect  to  other  things  which  have  no  connection  with  the 
accusation  of  the  sins  is  still  less  likely  to  be  mortal. 

On  the  other  hand,  a  mortal  sin  is  incurred  (1)  when  a  peni- 
tent accuses  himself  of  having  committed  a  mortal  sin  which  he 
has  never  committed,  or  denies  having  fallen  into  a  mortal  sin 

8  Compare  §  46. 


THE    PROPERTIES    OF    CONFESSION  143 

which  he  has  incurred  and  which  has  never  been  validly  con- 
fessed, and  which  besides  he  has  no  valid  reason  for  concealing, 
or  if  he  conceals  a  mortal  sin  which  he  is  bound  to  mention. 

(2)  When  he  gives  the  number  of  his  mortal  sins  as  greater 
than  is  really  the  case.  Here,  however,  ignorant  and  untaught 
penitents  may  be  excused,  because  they  honestly  think  it  better 
to  give  a  large  number  in  preference  to  a  small  one.    Besides,  — 

(3)  A  penitent  sins  mortally  who  confesses  mortal  sin  as 
doubtful  which  he  is  certain  of  having  committed,  or  confesses 
as  certain  mortal  sins  of  which  he  has  doubts.  In  such  cases 
the  penitent  would  be  unsettling  the  judgment  of  the  confessor 
in  a  very  grave  matter. 

(4)  Moreover,  it  would  be  a  mortal  sin  if  the  penitent  con- 
fesses a  recent  mortal  sin,  either  explicitly  or  equivalently,  as  an 
old  one  already  confessed,  for  the  priest  is  thus  prevented  from 
giving  a  correct  sentence  and  imposing  the  proper  penance.  It 
is  another  case  when  the  accusation  leaves  it  doubtful  whether 
the  sin  is  an  old  or  recent  one,  or  whether  it  has  been  already 
confessed  or  not,  even  if  the  penitent  intend  that  the  confessor 
be  persuaded  that  the  sin  is  an  old  one. 

(5)  Finally,  the  penitent  incurs  a  mortal  sin  if  he  denies  the 
existence  of  a  habit  of  sin,  or  of  a  relapse  or  the  existence  of  an 
occasion  of  sin,  or  if  he  avoids  any  avowal  on  the  subject  so  as  to 
mislead  the  confessor.  It  would  accordingly  be  a  mortal  sin  for 
a  penitent  to  accuse  himself  of  a  recent  mortal  sin  at  the  end  of 
his  confession  by  using  a  formula  of  this  kind :  "I  accuse  myself 
of  the  sins  of  my  past  life,  in  particular  of  this  sin  .  .  .";  for  this 
formula  by  universal  consent  implies  only  past  sins  already  con- 
fessed. On  the  other  hand,  it  would  not  be  a  mortal  sin  in  a 
general  confession  to  mingle  old  with  recent  sins,  as  long  as  the 
confessor  knows  that  not  all  the  mortal  sins  have  been  already 
confessed;  if  the  priest  is  persuaded  that  he  ought  to  gain  a 
clearer  knowledge,  he  may  ask ;  if  he  believe  that  he  may  let  the 
matter  rest  there,  it  is  his  affair  (and  perhaps  in  many  cases  this 


144  THE    EEC  IP  IE  ST    OF    PENANCE 

may  be  the  prudent  course).  Still  less  is  it  a  mortal  sin,  indeed 
it  may  be  counselled  or  obligatory  in  certain  cases,  for  a  peni- 
tent to  say  that  such  or  such  sin  has  not  yet  been  confessed; 
making  the  accusation  in  such  a  way  that  the  confessor  does  not 
suspect  that  the  sin  has  been  recent.  Such  an  expedient  may 
be  necessary  when  a  priest  himself  confesses  sins  committed  in 
hearing  confessions,  not  wishing  to  violate  the  seal  of  confession.4 
In  addition,  the  confessor  must  remember  that  the  faithful  in 
general  are  persuaded  that  a  lie  in  confession  is  a  very  grave  sin, 
so  that  he  must  judge  of  its  gravity  according  to  the  conscience 
of  the  penitent.5 

5.  Frequens.  Confession  ought  to  be  frequently  made  (see 
above,  §  3).  This  includes  also  the  repeated  confession  of  sins 
already  confessed  and  absolved  (see  above,  §  6). 

6.  Nuda.  The  penitent  ought  not  to  hide  his  sins  by  ambigu- 
ous words  or  expressions  which  veil  the  hatefulness  of  the  sin, 
in  order  to  make  them  appear  less  in  the  eyes  of  the  confessor. 
A  penitent  who  thus  veils  his  sins  cannot  have  real  contrition; 
there  still  remains  in  Ins  heart  that  false  shame  which  confuses 
the  intellect,  and  his  soul  is  not  yet  released  from  sin.  Such 
conduct  is  in  reality  no  less  sinful  than  concealing  the  sin  en- 
tirely, for  what  is  the  difference  between  total  silence  and  answer- 
ing so  obscurely  that  the  questioner  is  left  in  doubt?  Just  as 
a  penitent  makes  a  bad  confession  who  conceals  what  he  ought 
to  tell,  so  does  he  who  answers  his  confessor  in  such  obscure 
terms  that  the  latter  does  not  understand  or  is  led  to  take  a  view 
which  the  penitent  knows  to  be  wrong. 

The  conditional  accusation  is  no  better,  as  when,  for  example, 
a  penitent  says:  "If  I  have  given  way  to  impure  thoughts,  I 
accuse  myself  of  them,"  etc.  Such  a  confession  is  not  an  accusa- 
tion of  sins,  nor  is  it  a  sign  of  absolute  aversion  from  them. 

4  Cf.  Lehmkuhl,  1.  c.  P.  II.  cp.  II.  Confessio,  art.  I.  §  2,  n.  313,  314 ;  Balle- 
rini,  Op.  Theol.  Mor.  1.  c.  cp.  T.  art.  3,  n.  457. 

5  S.  Alph.  Lib.  VI.  n.  495-497;  II.  Apost.  Tr.  16,  n.  28. 


THE    PROPERTIES    OF    CONFESSION     .  145 

7.  Discreta.  The  confession  should  be  prudent,  i.e.  so  worded 
that  the  reputations  of  others  do  not  suffer;  hence  the  sins  of 
others  ought  not  to  be  revealed  except  in  so  far  as  is  necessary 
for  the  declaration  of  one's  own  sins.  Not  a  few  penitents  prefer 
to  tell  the  sins  of  others  rather  than  their  own:  wives,  for  in- 
stance, tell  the  sins  of  their  husbands,  servants  the  sins  of  their 
masters.  Such  penitents  must  be  seriously  admonished  by 
their  confessor  for  the  future  not  to  reveal  the  sins  of  others  lest 
they  incur  the  guilt  of  detraction  and  God's  anger  in  the  very 
tribunal  of  His  mercy.  The  question  as  to  the  partner  in  sin, 
whether  and  under  what  circumstances  he  is  to  be  revealed  in 
confession,  is  relegated  to  a  later  portion  of  the  treatise. 

The  penitent's  own  good  sense  will  tell  him  to  be  as  discreet 
and  decorous  as  possible  in  confessing  his  sins,  especially  those 
against  purity,  without  detracting  from  the  completeness  of  the 
confession,  without  being  gross,  and  at  the  same  time  without 
failing  in  the  reverence  due  to  the  Sacrament;  hence  he  should 
tell  only  what  is  necessary  for  the  integrity  of  the  confession, 
and  that  as  cautiously  and  becomingly  as  is  possible,  quite  briefly, 
in  clear  and  intelligible  language;  the  confession  must  be  per- 
fect and  at  the  same  time  chaste.  The  confessor  also  must  exer- 
cise great  discretion  and  prudence  in  this  dangerous  matter.6 

Finally,  a  prudent  penitent  will  choose  a  suitable  and  virtuous 
confessor  who  unites  real  piety  and  prudent  zeal  to  solid  knowl- 
edge and  a  wide  experience. 

Not  only  is  it  advisable  and  wholesome  to  have  a  regular 
confessor,  but  it  is  absolutely  necessary.  Of  course  as  far  as 
the  absolution  is  concerned  it  is  always  valid,  provided  that  the 
priest  who  gives  it  has  the  requisite  faculties;  but  as  for  the 
spiritual  direction  of  the  penitent,  it  is  by  no  means  an  indiffer- 
ent matter  who  the  confessor  is;  if  ever  there  is  an  occasion  in 
which  there  is  need  of  a  trusty,  reliable  friend,  guide,  and  adviser, 

«  See  §§  47,  54. 


146  THE    RECIPIENT    OF    PENANCE 

it  is  in  making  a  confession.  On  this  point  St.  Francis  of  Sales 
writes:  "When  Tobias  was  about  to  send  his  son  to  Rages,  and 
the  latter  explained  that  he  did  not  know  the  way,  'Go,  then,' 
said  his  father,  'and  seek  a  man  who  knows  the  way,  that  he 
may  guide  you.'  This  is  my  advice  to  you,  Philothea;  if  you 
really  desire  to  tread  the  way  of  perfection,  seek  out  above  all 
things  a  man  of  experience  to  guide  you  and  show  you  the  way: 
this  is  the  most  important  lesson  of  all."7  And  after  treating 
the  subject  in  his  usual  way,  he  quotes  the  remarkable  words 
which  the  great  St.  Louis  shortly  before  his  death  addressed  to 
his  son:  "Confess  often,  and  choose  for  your  confessor  a  man 
of  experience,  who  has  not  only  wisdom  and  science,  but  also 
zeal  for  souls,  and  learn  from  him  what  you  ought  to  do."  The 
priest  as  God's  vicar  is  not  a  judge  only,  he  is  a  physician,  and  it 
is  not  hard  to  understand  how  one  physician  can  differ  from 
another.  For  a  soul  which  is  anxious  to  get  rid  of  sin,  to  be 
established  in  virtue,  and  to  make  progress  in  Christian  per- 
fection, as  all  Christians  are  bound  to  do,  there  is  required  not 
only  the  application  of  the  Sacrament,  but  guidance  as  well. 
The  direction  of  souls  goes  much  farther  than  a  mere  dispensing 
of  the  Sacrament.  There  are  many  things  in  which  a  soul  eager 
for  salvation  must  be  anxious  for  further  instruction;  the 
methods  of  combating  with  success  different  evil  inclinations, 
the  methods  of  prayer,  the  performance  of  certain  good  works, 
the  way  of  carrying  out  the  duties  of  one's  state  of  life  with 
more  zeal  and  merit,  and  the  attainment  of  perfection.  An 
approved  confessor  and  director  is  undoubtedly  very  useful, 
nay,  necessary,  and  the  penitent  should  pick  out  such  a  one. 
In  a  choice  of  this  kind  he  should  have  no  other  object  but  his 
salvation  and  spiritual  progress,  and  hence  he  should  choose  a 
well-instructed,  experienced,  and  holy  man  to  lead  him  in  the 
way  of  God  in  the  interior  life,  one  who  knows  the  penitent's 

7  Philothea,  Part  I.  Chap.  4. 


THE    PROPERTIES    OF    CONFESSION  147 

condition,  one  whose  heart  is  full  of  love,  one  who  is  as  far  re- 
moved from  a  feeble  indulgence  as  from  a  repelling  strictness. 
Firmness  and  gentleness  should  be  united  in  him,  a  firmness 
which  does  not  crush  and  a  gentleness  which  will  not  allow 
presumption;  he  should  inspire  confidence  so  that  the  penitent 
has  no  difficulty  in  unfolding  his  heart  to  him.  To  seek  an 
ignorant  and  inexperienced  confessor  is,  as  theologians  express 
it,  to  choose  a  sure  guide  to  hell;  and,  according  to  the  teaching 
of  Suarez,  etc.,  it  is  a  mortal  sin  when  done  with  the  intention 
of  obtaining  absolution  by  fraud.8  But  a  good  confessor  is  a 
"faithful  friend,  a  strong  defense;  and  he  that  hath  found  him 
hath  found  a  treasure;  .  .  .  and  they  that  fear  the  Lord  shall  find 
him."9  St.  Francis  of  Sales  directs  Philothea  to  make  choice 
of  a  confessor  after  constant  prayer,  and  assures  her  that  God 
will  grant  her  this  most  important  of  petitions  and  send  her  a 
man  after  his  own  heart. 

When  the  penitent  has  made  choice  of  his  confessor  in  accord- 
ance with  those  rules  of  common  sense  which  great  spiritual 
writers  enjoin,  his  duty  is  then  to  love  him  as  his  spiritual  father, 
to  fear  him  as  the  judge  of  his  conscience,  to  follow  him  as  his 
guide  in  the  path  of  virtue,  to  take  his  advice  as  his  physician 
in  the  maladies,  affections,  and  sufferings  of  his  soul.  He  should 
follow  him,  as  though  he  were  an  angel  leading  the  way  to  heaven  ; 
give  him  his  whole  confidence;  deal  with  him  in  all  openness 
and  frankness;  disclose  to  him  all  the  good  and  evil  in  his  soul 
without  dissembling  or  reserve,  and  at  the  same  time  entertain 
a  respect  for  him  which  does  not  weaken  his  confidence  in  him.10 

Having  once  chosen  a  good  confessor,  the  penitent  should 
cling  to  him  and  not  change  about  from  one  to  another;  noth- 
ing is  more  harmful  or  more  foolish  than  such  conduct;  unstable 
and  wandering  penitents  of  this  kind  give  sufficient  proof  that  all 

8  Suarez,  Disp.  28;  Stotz,  1.  c.  Lib.  T.  P.  I.  Q.  II.  art.  II. 

9  Ecclus.  vi.  11  ss. 

10  Compare  Philothea,  ibid. 


145  THE    RECIPIENT    OF   PENANCE 

they  want  is  to  be  absolved  and  not  to  be  helped  and  guided, 
and  there  is  reason  to  suspect  that  their  purpose  of  amendment 
is  by  no  means  sincere.  Should  a  penitent,  however,  be  in  such 
a  condition  that  to  confess  to  his  regular  confessor  would  be  too 
great  a  difficulty  and  involve  risk  of  making  sacrilegious  con- 
fession, it  would  be  better  to  look  out  for  some  other  priest  and 
confess  to  him. 

The  penitent  ought  not  at  the  same  time  be  so  dependent  on 
his  confessor  as  to  be  quite  bewildered  when  a  change  becomes 
necessary.  Discouragement  or  sadness  on  this  account,  or  a  less 
frequent  use  of  the  Sacraments  would  be  a  sign  that  this  depend- 
ence was  due  to  some  undesirable  cause  and  could  not  be  any 
longer  regarded  as  confidence  in  the  director. 

What  is  to  be  thought  of  those  penitents  who  have  two  con- 
fessors, one  to  whom  they  are  well  known  and  whose  good  opin- 
ion they  enjoy,  and  another  to  whom  they  are  not  well  known, 
using  the  former  to  tell  him  their  more  frequent  and  smaller 
sins,  and  the  latter  for  the  confession  of  graver  faults,  in  order 
that  they  may  thereby  keep  up  their  good  reputation  with  the 
first  ?  Such  conduct  is  certainly  not  per  se  forbidden  when  there 
is  good  reason  for  it,  as  may  happen  when  any  one  is  unwilling 
or  does  not  dare  to  reveal  to  his  ordinary  confessor  some  very 
shameful  fall. 

Still  the  practice  is  not  without  danger  and  so  cannot  be  un- 
conditionally recommended,  for  it  is  a  sign  that  a  penitent  is 
more  anxious  about  his  good  name  than  his  progress  in  the 
spiritual  life ;  indeed  he  might  incur  grievous  sin  if  such  conduct 
exposed  him  to  the  danger  of  falling  into  mortal  sin,  as  would  be 
the  case  if  in  pursuing  this  course  he  never  intended  seriously  to 
give  up  his  sin.  Such  is  the  predicament  of  those  penitents  who 
seek  out  inexperienced  or  easy-going  confessors,  or  of  those  who 
habitually  fall  into  mortal  sins,  confessing  them  only  to  a  priest 
who,  they  know,  will  take  the  matter  very  quietly,  while  they 
reveal  their  less  grievous  sins  to  some  pious  and  strict  confessor. 


THE    PROPERTIES    OF    CONFESSION  149 

On  the  other  hand,  the  case  above  quoted  presents  quite  another 
aspect  when  a  penitent  lias  on  rare  occasions  fallen  into  a  grave 
and  shameful  sin  and  shrinks  from  revealing  it  to  his  ordinary 
confessor.11 

8.  Libens.  The  confession  ought  to  be  voluntary;  the  peni- 
tent should  approach  the  sacred  tribunal  spontaneously,  not 
prompted  by  prayers  or  threats,  nor  prevailed  upon  by  promises, 
nor  driven  by  fear  of  temporal  losses;  he  should  willingly  ac- 
knowledge his  sins  to  the  priest  as  the  minister  of  Christ  Our 
Lord  appointed  to  forgive  sin  and  distribute  His  graces.  A  man 
might  of  course  be  influenced  by  those  exterior  motives  to  re- 
ceive the  Sacrament ;  and  if  he  made  an  earnest  act  of  contri- 
tion and  carried  out  the  other  requisites,  he  would  make  a  valid 
confession.  There  is,  however,  as  Laymann  observes,  a  real 
danger  for  a  man  who  goes  to  the  Sacrament  under  compulsion 
that  he  will  make  his  confession  invalid  through  want  of  contri- 
tion or  through  a  deficient  accusation  of  his  sins.  It  frequently 
happens  that  such  penitents,  giving  way  to  external  pressure, 
perform  their  Easter  confession,  doing  it  only  to  keep  up  appear- 
ances; they  make  no  act  of  contrition,  they  are  unwilling  to  tell 
all  that  lies  on  their  conscience,  they  are  ready  to  make  a  bad 
confession  and  communion.  A  prudent  confessor  may  detect 
their  insincerity  and  sometimes  will  prevail  upon  them  to  make 
a  good  confession. 

9.  Verecunda.  The  penitent  should  make  his  confession  with 
confusion  at  the  number  and  greatness  of  his  sins,  his  ingrati- 
tude and  infidelity  to  God  his  Lord  and  Father;  this  confusion 
should  fill  his  soul  and  reveal  itself  even  in  the  self-accusation 
and  in  the  whole  bearing  of  the  penitent.  Between  this  real 
shame  of  every  good  penitent  and  the  false  shame  which  arises 
from  pride  and  self-love  is  a  great  gulf;  the  latter,  unless  over- 
come, will  cause  the  penitent  to  be  dishonest  in  his  accusation 

»  Cf.  Stotz,  1.  c.  Lib.  I.  P.  I.  Q.  II.  art.  II.  u.  116-124. 


150  TEE    RECIPIENT    OF    PENANCE 

and  to  make  a  sacrilegious  confession.  The  confessor  should  be 
very  considerate  of  the  weakness  of  such  penitents  and  encour- 
age them,  helping  them  to  make  a  candid  avowal  if  he  suspects 
false  shame,  and  he  should  be  careful  not  to  frighten  and  shock 
them  by  hard  words  or  untimely  tin-cats. 

10.  The  other  property  of  the  confession,  its  integrity,  will, 
on  account  of  its  great  importance,  be  reserved  for  a  thorough 
discussion  in  another  paragraph. 

11.  Secreta.  The  accusation  should  be  in  secret.  It  should 
be  made  so  as  to  be  heard  only  by  the  priest  and  not  by  others. 
Christ  did  not  institute  public  confession;  and  if  in  the  early 
Church  those  who  had  committed  grave  public  sin  and  given 
public  scandal  were  compelled  after  private  confession  to  make 
a  public  avowal  of  their  offenses,  this  was  only  part  of  the  then 
existing  discipline.  As  a  matter  of  fact  the  practice  was  pro- 
ductive of  as  much  harm  as  good,  and  so  the  Church  put  an  end 
to  it.12  Confession  by  an  interpreter  would,  however,  be  valid, 
as  well  as  a  confession  which  had  been  overheard  by  others. 
There  is  no  obligation  to  confess  through  an  interpreter  if  one 
happens  to  be  in  a  country  of  which  he  does  not  know  the  lan- 
guage, supposing  there  is  no  priest  to  whom  one  can  make  him- 
self understood,  for  the  Lateran  Council  13  prescribes  confessio 
secreta  made  to  a  priest  only  (soli  sacerdoti  facienda),  and  to 
employ  an  interpreter  for  confession  would  be  very  onerous.11 
Such  an  obligation  would  exist  only  if  a  dying  man  had  doubts 
as  to  the  perfection  of  his  contrition,  for  the  wish  to  save  our 
souls  obliges  us  to  avoid  all  risk.  Then,  however,  it  would  be 
sufficient  to  name  one  or  two  sins  and  make  a  general  accusation 
of  the  rest.15 

12  Cf.  Trid.  Sess.  XIA7.  cp.  5. 

13  Cap.  Omnis  utriusque  sexus. 

14  Cf.  Declar.  S.  C.  S.  Off.  28  Feb.  1633  et  10  Feb.  16(38 ;  item  S.  C.  Prop. 
Fid.  1633  in  Collectan.  S.  Sedis,  n.  476-478. 

15  S.  Alph.  Lib.  VI.  n.  479;  Lugo,  De  Pcen.  Disp.  XV.  Sect.  V;  Aertnys, 
1.  c.  Lib.  VI.  Tract.  V.  n.  196. 


THE    PROPERTIES    OF    CONFESSION  151 

Moreover,  a  sufficiently  perfect  confession  may  be  made  even 
through  an  interpreter  without  the  latter  acquiring  any  knowl- 
edge of  the  sins.  The  confessor,  for  example,  in  the  case  of  the 
sick,  may  arrange  through  the  interpreter  a  system  of  signs,  such 
as  pressure  of  the  hand,  motion  of  the  head  or  eyes,  by  which  the 
invalid  may  answer  the  questions  put  by  the  priest  through  the 
interpreter,  who  may  be  placed  with  his  back  to  the  priest  and 
penitent;  by  a  method  of  this  kind  even  the  number  of  sins  may 
be  ascertained.  Of  course  in  a  case  like  this  the  confessor  must 
be  careful  not  to  betray  the  penitent's  replies  by  the  nature  of 
his  questions.  If  a  male  penitent  express  a  wish  to  confess  in 
this  manner,  he  may  be  allowed  to  do  so.16 

A  confession  made  in  writing  is  per  se  valid;  on  the  other 
hand,  as  we  have  already  seen,  absolution  conveyed  per  literas 
is  null.  '  The  custom,  however,  of  making  the  confession  by  word 
of  mouth  must  be  strictly  adhered  to  (hence  many  theologians 
add  to  the  other  properties  of  a  good  confession  that  it  should 
be  vocalis),  and  unless  there  are  pressing  reasons  for  the  con- 
trary practice  the  confession  should  not  be  made  by  writing  or 
by  any  other  system  of  signs;  a  sufficiently  good  reason  for 
allowing  it  would  be  great  shame  in  mentioning  certain  sins  or 
a  defect  in  speech.  In  such  cases  the  priest  would  read  the 
writing  and  the  penitent  make  some  acknowledgment  by  word 
( >f  mouth,  such  as,  "I  accuse  myself  of  all  contained  in  the  paper." 
If  the  whole  confession  without  any  good  reason  were  made  by 
wiiting  or  by  signs,  it  would  be  invalid,  for  the  penitent  would 
have  sinned  gravely  by  such  an  action  unless  he  had  acted  bona 
fide." 

A  dumb  penitent  who  can  w7rite  and  has  no  other  way  of  mak- 
ing his  confession  is,  according  to  the  sententia  communis  et  pro- 
bdbilior,  obliged  to  make  his  confession  in  writing,  for  this  would 

10  Lehmkuhl,  1.  c.  n.  828. 

17  S.  Alpli.  Lib.  VI.  n.  429,  493;  Suarez,  Opusc,  Lugo,  Coninck,  etc., 
Konings,  Theol.  Mor.  T.  II.  Tract.  De  Sacram.  Poen.  cp.  II.  art.  II.  n.  1358. 


152  THE    RECIPIENT    OF    PENANCE 

not  be  burdensome  to  him.  The  opponents  of  this  view  insist 
on  the  danger  of  the  confession  being  revealed  and,  in  conse- 
quence, deny  the  obligation  of  making  the  confession  in  writing. 
Such  a  risk,  as  experience  shows,  is  not  usually  to  be  feared  and 
may  easily  be  avoided.  There  are  indeed  not  a  few  penitents 
who  to  secure  their  own  peace  of  mind  always  write  their  con- 
fessions and  read  them  off  to  the  priest.  If,  however,  in  a  par- 
ticular case  there  is  danger  of  revelation  or  any  other  serious 
inconvenience  to  the  penitent  in  consequence  of  his  writing, 
there  is  no  obligation.  So  teaches  St.  Thomas,  and  with  him 
are  Suarez,  Lugo,  Sporer,  Salmanticenses,  etc.18 

12.  Lacrimabilis.  The  confession  should  be  made  with  real 
sorrow.  It  is  not  necessary  that  it  be  accompanied  by  tears  or 
sighs  and  other  external  signs  of  the  kind,  but  it  is  required  that 
there  be  a  real  sorrow  and  horror  of  sin.  The  internal  sorrow 
should  become  sensibilis  or  evident  by  the  confession  so  as  to 
form  materia  sacramenti.  The  sentiment  of  contrition  can  always 
be  roused  by  grace,  while  tears  are  not  in  our  power. 

13.  Accelerata.  The  confession  should  be  prompt;  there 
should  be  no  delay  in  making  it  after  mortal  sin  has  been  com- 
mitted. This  is  not  of  precept,  but  it  is  a  counsel  which  should 
be  readily  followed  by  any  one  who  realizes  the  horror  of  sin  and 
its  consequences. 

14.  Fortis.  The  confession  should  be  made  with  great  cour- 
age, all  hindrances  to  a  candid  avowal  of  one's  sins  being  put 
aside,  especially  false  shame  and  the  fear  of  losing  the  good 
esteem  of  the  priest.  It  is  the  delight  of  the  devil,  not  before, 
but  after  entrapping  a  soul  into  sin,  to  work  upon  the  feeling  of 


18  Cf.  S.  Alph.  Lib.  VI.  n.  479;  H.  A.  n.  35;  Gury-Ballerini  (1.  c.  II.  n. 
503)  and  Lehmkuhl  (1.  c.  n.  328)  object  to  binding  the  dumb  to  a  written 
confession;  a  fortiori  the  confessor  may  refrain  from  putting  questions  in 
writing  with  a  view  of  making  the  confession  more  complete.  If,  however, 
a  dumb  person  desire  to  confess  in  writing,  the  confessor  is  at  liberty  to 
comply  with  his  wish. 


NECESSITY    OF    THE    INTEGRITY    OF    CONFESSION     1M 

shame  so  vehemently  that  the  penitent  is  tempted  to  conceal 
sins  which  are  particularly  shameful.  In  this  case  the  penitent 
must  use  all  his  courage,  and  by  reflecting  on  God's  command 
and  the  awful  consequences  of  a  bad  confession  get  the  victory 
over  this  false  shame.  He  must  put  into  practice  Tertullian's 
maxim,  Pereat  pudor,  ne  pereat  anima. 

15.  Accusans.  The  confession  should  be  an  accusation  and 
not  a  series  of  excuses.  Thus  the  penitent  ought  to  impute  the 
sins  to  himself  and  not  to  other  causes,  temptations  of  the  devil, 
the  passions,  natural  weakness,  etc.,  nor  to  the  companions  by 
whose  advice  or  orders  he  has  gone  astray.  There  may  be  of 
course  occasions  where  what  is  objectively  a  mortal  sin  may 
become  only  venial  or  perhaps  no  sin  at  all,  through  inculpable 
forgetfulness  or  absent-mindedness  or  inadvertence. 

16.  Parere  paratus.  The  penitent  should  be  disposed  to  obey 
the  priest's  advice  and  commands;  hence  he  should  be  ready  to 
adopt  the  means  suggested  for  his  improvement,  to  follow  out 
the  advice  given,  to  avoid  the  occasions  of  sin  which  are  pointed 
out  to  him,  and  to  accept  the  penance  which  is  imposed  on  him. 

Article  II 

THE    INTEGRITY    OF   THE    CONFESSION 

21.   Necessity  of  the  Integrity  of  Confession. 

The  confession  is  complete  when  the  penitent  reveals  all  the 
sins  which  he  is  bound  to  tell.  A  distinction  is  drawn  between 
material  and  formal  integrity.  A  confession  is  materially  com- 
plete when  a  penitent  discloses  all  the  mortal  sins  committed 
since  Baptism  which  have  not  yet  been  submitted  to  the  keys, 
together  with  their  number  and  species.  On  the  other  hand,  the 
confession  is  formally  complete  when  he  confesses  all  the  mortal 
sins  which  he  is  morally  able  and  bound  to  reveal  hie  et  nvne.19 

19  The  following  well-known  definition  is  much  like  the  above:  the  confes- 


154  THE    RECIPIENT    OF    PENANCE 

From  this  definition  it  is  clear  that  where  there  is  material 
integrity  there  is  also  formal  integrity ;  a  confession,  however, 
which    is   formally    complete    need    not    on    this   account   be 

materially  so. 

With  respect  to  the  obligation  of  the  integrity  of  confession 
we  may  lay  down  the  following  propositions :  — 

I.  It  is  of  divine  precept  to  confess  all  mortal  sins  committed 
after  Baptism.  1.  This  follows  from  the  words  by  which  Christ 
instituted  the  Sacrament;  by  them  He  gave  the  Sacrament  a 
judicial  character.  So  teaches  the  Council  of  Trent,20  From 
the  institution  of  the  Sacrament  of  Penance  "the  universal 
Church  has  always  recognized  that  the  complete  confession  of 
sins  was  also  instituted  by  Our  Lord,  and  is  necessary  jure  divino 
for  all  who  have  sinned  after  Baptism.  For  Our  Lord  Jesus 
Christ  when  about  to  ascend  into  heaven  left  the  priests  as  His 
vicars  and  judges,  by  whom  all  mortal  sins  into  which  the  faith- 

sion  is  materially  entire  in  which  nothing  is  wanting  which  per  se  loquendo 
ought  to  be  confessed,  i.e.  when  nothing  is  wanting  which  de  se  forms  the 
necessary  matter  of  confession;  the  confession  is  formally  entire  when 
nothing  is  wanting  in  the  accusation  through  the  fault  of  the  penitent.  Cf. 
Konings,  1.  c.  n.  135  '. 

Moralists  are  not  of  one  mind  on  the  definition  of  formal  and  material 
integrity;  some  understand  by  material  integrity  the  avowal  of  all  mortal 
sins  not  yet  confessed  which  occur  to  the  mind  (after  a  careful  examination 
of  conscience,  as  Midler  expressly  a. Ids,  1.  c.  120),  since  they  form  the  ma- 
teria necessaria  sacramenti  et  confessionis  :  formal  integrity,  on  the  other  hand, 
consists  in  the  avowal  of  all  mortal  sins  which  here  and  now  (hie  et  nunc), 
taking  all  the  circumstances  into  consideration,  can  and  ought  to  be  con- 
fessed. Thus  Gury,  1.  c.  Edit.  Romana  (Ballerini)  et  Edit.  Lugd.  (Dumas), 
n.  468  (where,  however,  the  author  is  not  quite  consistent,  cf.  n.  470)  ;  wdiile 
on  the  other  hand  the  Edit.  Ratisb.  as  also  Laymann,  De  Pcenitent.  cp.  8, 
n.  5,  and  Stotz,  1.  c.  Lib.  I.  P.  HI.  Q.  II.  art.  IV;  Scavini,  1.  c.  Tom.  IV. 
Tract.  X.  Disp.  I.  cp.  II.  art.  II.  n.  38.  have  the  above  definition.  We  give 
the  preference  to  it  on  grounds  which  will  appear  in  the  course  of  the 
treatise ;  moreover,  it  is  more  common  and  is  in  harmony  with  the  teaching 
of  the  Council  of  Trent.  The  words  which  St.  Alphonsus  employs  in  the' 
definition  of  material  integrity  seem  to  favor  the  latter  view.  Cf.  Lib.  VI. 
n.  465. 

20  Sess.  XIV.  cp.  5,  De  Confessione. 


NECESSITY    OF    THE    INTEGRITY    OF    CONFESSION     155 

ful  had  fallen  were  to  be  judged,  thai  in  virtue  of  the  power  of 
the  keys  they  might  pronounce  sentence  of  forgiveness  or  reten- 
tion." The  priest  is  therefore  a  judge,  and  as  judge  should  pro- 
nounce the  absolution.  But  the  sentence  of  a  judge'  is  valid  only 
when  it  turns  on  the  facts  of  the  case;  hence  a  knowledge  of  the 
latter  is  required  on  the  part  of  the  judge.  In  consequence  the 
confessor,  in  order  to  pronounce  a  valid  sentence,  must  know 
intimately  the  facts  of  the  case,  the  state  of  the  sinner.  Now 
the  facts  of  the  case  are  the  mortal  sins  of  the  penitent;  hence 
the  confessor  must  be  made  acquainted  with  these;  and  as  he 
can  only  learn  them  from  the  penitent  himself,  the  latter  is  boun<  1 
to  make  a  complete  statement  of  them. 

2.  The  essential  object  of  this  Sacrament  is  the  forgiveness  of 
sins  that  have  been  confessed.  But  one  mortal  sin  cannot  be 
forgiven  apart  from  the  rest,  since  forgiveness  is  the  result  of  the 
influx  of  sanctifying  grace,  which  does  not  remove  sin  as  stains 
might  be  rubbed  from  a  metal  surface,  but  at  once  raises  man 
from  a  state  of  sin  to  a  state  of  grace,  from  being  an  enemy  of 
God  to  being  His  friend.  Moreover,  sanctifying  grace  and  mor- 
tal sin  cannot  exist  together  in  the  soul.  From  this  it  follows 
that  all  sins  must  be  told  without  exception,  in  order  that  they 
may  all  be  remitted. 

3.  Add  to  this  the  essential  connection  between  the  judicial 
power  of  the  priest  in  the  Sacrament  and  his  power  of  punishing 
sin  or  imposing  a  penance  for  it;  but  since  the  penance  must  be 
proportioned  to  the  misdeeds,  the  priest  cannot  exercise  his 
powers  properly  unless,  at  least,  the  mortal  sins  have  been  fully 
confessed.  If,  as  must  happen  at  times,  it  is  inopportune  or, 
in  fact,  quite  impossible  to  assign  a  penance  bearing  any  propor- 
tion to  the  number  and  magnitude  of  the  sins,  that  is  quite  per 
accidens  and  the  decision  of  the  question  is  the  affair  of  the  judge, 
not  of  the  penitent.  That  Christ  gave  His  Church  the  power 
of  punishing  sin  is  abundantly  proved  by  the  practice  of  so 
many  centuries  during  which  definite  penances  were  assigned  to 


156  THE    RECIPIENT    OF    PENANCE 

certain  sins.  Since,  therefore,  the  Church  of  divine  right  can 
mete  out  just  punishment  for  sin,  the  penitent  is  bound  by  divine 
precept  to  submit  himself  to  the  Church  by  an  entire  confession 
of  all  mortal  sins.  From  the  fact  that  the  confessor  must  pro- 
nounce sentence  and  impose  a  suitable  penance,  the  Council  of 
Trent  concludes  "  that  all  mortal  sins  of  which  the  penitent  is 
conscious  after  diligent  search  must  be  confessed,  even  though 
they  be  quite  secret  sins  and  only  against  the  last  two  command- 
ments of  the  decalogue." 

4.  Finally,  the  Sacrament  of  Penance  has  of  its  very  nature 
another  end  in  view,  that  of  preventing  relapse.  Thus  the  con- 
fessor is  at  the  same  time  the  physician  of  the  soul,  empowered 
and  obliged  to  prescribe  the  means  of  reform.  This  duty  can 
be  effectually  carried  out  only  when  he  knows  intimately  the 
penitent's  state  of  soul,  so  that  the  latter  is  obliged  to  submit 
to  his  healing  art  all  the  mortal  wounds  of  the  soul. 

Hence  the  Council  of  Trent  anathematizes  all  who  teach  "that 
for  remission  of  sins  in  the  Sacrament  of  Penance  it  is  not  neces- 
sary jure  divino  that  all  and  every  mortal  sin  be  confessed  of 
which  a  man  is  conscious  after  faithful  and  diligent  search."  21 

II.  The  material  integrity,  however,  is  not  always  necessary 
for  the  validity  of  confession  and  for  obtaining  its  benefits.  At 
times  it  is  morally  and  even  physically  impossible,  either  through 
inculpable  forgetfulness  or  for  other  reasons.  Now  God  does  not 
command  impossibilities.  Hence  the  Council  of  Trent  teaches: 
"The  remaining  sins  which  escape  the  diligent  inquiry  of  the 
penitent  are  considered  as  included  in  the  same  accusation,"  and 
so  are  forgiven,  as  though  they  had  been  confessed.  Hence  it  is 
abundantly  clear  that  the  material  integrity  of  the  confession  is 
not  always  necessary. 

III.  The  formal  integrity  is,  on  the  other  hand,  always  neces- 
sary for  the  validity  of  the  Sacrament,  and  belongs  to  its  essence. 

21  Sess.  XIV.  can.  7. 


EXTENT    OF    THE    INTEGRITY    OF    CONFESSION        157 

A  penitent,  for  instance,  who  out  of  shame  conceals  a  mortal  sin, 
transgresses  Christ's  command  which  obliges  us  to  submit  all 
mortal  sins  by  a  sincere  confession  to  the  power  of  the  keys, 
incurring  at  the  same  time  a  mortal  sin  by  his  bad  confession; 
such  a  confession  cannot  be  valid  nor  have  any  good  effect.  This 
is  also  taught  by  the  Council  of  Trent"  in  the  following  words: 
"While  the  faithful  earnestly  endeavor  to  confess  all  the  sins  of 
which  they  are  conscious,  they  present  them  to  the  Divine  Mercy 
that  they  may  all  be  forgiven;  those,  however,  who  do  other- 
wise and  knowingly  conceal  sins,  present  nothing  to  God's  good- 
ness to  be  forgiven  through  the  priest.  If  the  sick  man  is 
ashamed  to  show  his  wounds  to  the  physician,  the  latter  cannot 
cure  what  is  unknown  to  him."  23 

To  have  a  perfect  understanding  of  the  preceding,  we  must 
distinguish  between  what  is  of  the  essence  of  the  Sacrament  and 
that  which  flows  as  a  consequence  of  the  divine  command. 
When  anything  is  wanting  to  the  essence  of  the  Sacrament, 
though  the  defect  may  be  due  to  no  fault  on  the  part  of  the  per- 
son, the  Sacrament  is  invalid;  if,  on  the  contrary,  there  be  want- 
ing some  requirement  of  divine  precept,  making  the  defect 
culpable,  the  Sacrament  is  indirectly  invalid  because  contrition 
is  wanting,  since  contrition  cannot  exist  in  any  one  who  is  in  the 
very  act  of  sin;  if,  however,  the  defect  be  inculpable,  the  result 
of  forgetf ulness  or  ignorance,  the  Sacrament  is  valid;  the  sins 
which  were  omitted  through  no  fault  of  the  penitent  are  in- 
directly forgiven  by  the  infusion  of  sanctifying  grace.  There 
remains,  however,  the  obligation  of  making  good  the  defect 
afterwards,  as  we  shall  see  later. 

22.  Extent  of  the  Integrity  of  Confession. 

For  a  complete  confession  it  is  necessary  to  state  clearly  and 
precisely  not  only  all  mortal  sins,  but  their  number  and  species 

22  L.  c.  cp.  5. 

23  Trid.  1.  c.  cp.  5.     Compare  Palmieri,  1.  c.  Thes.  XXXIII;  Gary,  1.  c. 


158  THE    RECIPIENT    OF    PENANCE 

and  the  circumstances  which  change  the  species.  This  is  the 
doctrine  of  the  Council  of  Trent  when  it  enjoins  the  confession 
of  each  and  every  sin;  to  do  this  a  man  must  give  the  number 
of  the  mortal  sins  committed.  One  who  has  missed  Mass  ten 
times  and  merely  confesses,  "I  have  missed  Mass,"  has  not  con- 
fessed each  and  every  sin,  for  an  indeterminate  number,  by  the 
very  fact  of  being  undetermined,  does  not  necessarily  mean  the 
number  ten;  it  may  mean  ten,  but  that  possibility  does  not 
indicate  the  number.  With  regard  to  the  confession  of  the  spe- 
cies and  of  the  circumstances  changing  the  species,  the  Council 
teaches  expressly  that  the  circumstances  which  change  the  kind 
(species)  of  sin  ought  to  be  confessed.  Since  those  circum- 
stances are  to  be  expressed  which  change  the  kind  of  sin,  noth- 
ing can  be  clearer  than  that,  in  accordance  with  the  decision  of 
the  Council,  the  sins  are  to  be  confessed  according  to  their  spe- 
cies.24 

The  reasons  which  the  Council25  gives  for  insisting  on  the 
duty  of  confessing  the  species  of  sin  are  that  otherwise  the  sins 
would  not  be  perfectly  revealed  by  the  penitent  or  understood 
by  the  judge,  and  that  without  a  knowledge  of  the  species  of  the 
sin  the  judge  would  be  unable  to  pronounce  on  the  gravity  of 
the  sin  and  to  inflict  a  suitable  punishment  for  it. 

Thus  the  reasons  which  hold  for  the  completeness  of  the  con- 
fession require  also  the  species  and  number  of  the  sins;  without 
them  the  confession  has  not  the  completeness  which  is  demanded 
for  it.     The  confessor  is  a  judge  who  must  have  the  most  accu- 

II.  n.  469 ;  Aertnys,  1.  c.  n.  185;  Lehmkuhl,  1.  c.  cp.  II.  (Confessio)  art.  I.  n. 
302. 

24  It  is  to  be  noted  that  in  speaking  of  the  classification  of  sins  we 
abstract  from  the  physical,  we  confine  ourselves  to  the  moral  species  which 
indicates  the  peculiar  malice  of  the  sin ;  for  instance,  the  ordeal  by  fire  is 
physically  distinct  from  the  ordeal  by  water,  but  morally  they  are  in  the 
same  species,  because  the  malice  is  the  same  in  both  sins.  Cf.  Suarez,  De 
Pcenit.  Disp.  22,  Sect.  2,  n.  3. 

25  Sess.  XIV.  cp.  5. 


El  TENT    OF    THE    INTEGRITY     OF    CONFESSION        L59 

rate  knowledge  of  his  penitent  in  order  to  pronounce  sentence 
and  inflict  the  necessary  penalty.  Now  he  cannot  know  the 
state  of  his  penitent  unless  he  is  acquainted  with  the  number 
and  species  of  his  sins,  for  it  is  the  species  which  determines  the 
nature  or  essence  of  the  sin.  Besides,  the  sins  ought  to  be  con- 
fessed according  to  their  malice,  but  this  can  be  estimated  only 
from  the  kind  of  sin  and  the  number  of  times  it  has  been  com- 
mitted. Not  all  sins  against  the  sixth  commandment  have  the 
Bame  malice  or  belong  to  the  same  species,  for  to  the  special  mal- 
ice of  impurity  may  be  added  that  of  sacrilege  or  adultery  if  the 
sinner  be  consecrated  by  vow  to  God  or  in  the  married  state. 
And  there  is  no  doubt  that  one  who  has  committed  a  crime  ten 
times  is  more  deserving  of  punishment  than  he  who  has  fallen 
Duly  once. 

The  penitent  must  confess  the  species  infima,  the  ultimate 
species  of  his  sin,  for  this  is  what  is  ordinarily  understood  by  the 
3pecies,  and  the  Council  of  Trent  insists  upon  this  obligation. 
Hence  it  is  not  enough  to  say,  "I  have  sinned  in  thought,  word, 
and  deed,"  or,  "I  have  broken  the  commandments  of  the 
Church";  the  penitent  must  add  the  species,  the  particular 
commandment  broken,  the  observance  of  Sunday,  fasting,  yearly 
confession,  etc.,  and  in  addition  the  penitent  must  give  the 
species  infima,  whether  he  has  missed  Mass  or  broken  his  fast 
or  abstinence.  Nor  is  the  following  accusation  sufficient:  "I 
have  sinned  against  the  sixth  commandment,"  "I  have  been 
wanting  in  purity,"  or  the  like;  the  species  must  be  given,  de- 
nning whether  the  sin  be  incest  or  adultery,  etc.,  or  whether  by 
thoughts,  words,  etc.  So,  too,  when  a  penitent  accuses  himself 
of  sin  against  faith,  it  is  not  sufficient;  he  should  state  the  par- 
ticular act  by  which  he  has  sinned,  whether  by  heresy,  by 
unbelief,  by  indifference,  etc. 

Supposing  the  penitent  cannot  remember  the  species  infima 
of  a  sin  which  he  has  committed,  he  must  state  against  what 
virtue  he  has  sinned;    or  if  he  cannot  remember  this,  but  has 


160  THE    EEC  IP  IE  NT    OF    PENANCE 

only  a  recollection  of  having  sinned  mortally,  he  must  confess 
this.  This  is  the  opinion  of  all  theologians  {communis  et  carta 
doctrina) . 

To  indicate  fully  the  species  of  the  sin,  one  must  also  tell 
whether  the  sinful  acts  were  external  and  whether  the  evil 
effects  have  been  retracted. 

Since  the  sins  themselves  are  the  particular  matter  of  the 
sacramental  tribunal,  they  must,  as  Lehnikuhl  shows,  be  con- 
fessed secundum  specificam  distinctionem ,  i.e.  according  to  their 
specific  differences.  This  is  not  at  all  the  same  thing  as  the 
obligation  of  confessing  the  specific  malice  (specifica  malitia). 
Sins  are  human  acts  (actus  humanus),  and  so  they  may  be  classed 
in  specie  actus  as  well  as  in  specie  malitice;  to  desire  to  steal  and 
to  steal  are  acts  having  the  same  specific  malice,  but  they  are 
not  specifically  the  same  act.  Indeed  no  one  would  maintain 
that  one  might  confound  the  two  sins  in  confession  by  merely 
confessing  the  specific  malice.26  Hence  the  actus  externus  which 
completes  the  internal  act 27  as  a  sin  and  on  that  account  is  in 
se  opposed  to  right  order  and  morality  must  be  mentioned  ex- 
pressly in  confession.  The  actus  externus  is  either  commissio  or 
omissio  (sin  of  commission  or  omission).  Thus,  for  example, 
the  absence  from  Mass  on  a  Sunday  or  a  holyday  of  obligation 
must  be  confessed,  whether  it  happen  through  indifference  or 
love  of  study  or  idleness,  because  the  absence  from  -Mass  is  what 
is  objectively  opposed  to  the  law  and  what  has  been  voluntarily 
incurred.  The  wounding  and  killing  of  a  man  are  external 
actions  which  in  ratione  peccati  complete  the  sinful  act  of  the 
will,  and  so  it  is  not  enough  to  confess,  "I  had  the  desire  to 
wound."     If  he  has  inflicted  a  wound,  it  is  enough  to  say,  "I 

26  Lehmkuhl,  I.  c.  P.  IT.  Lib.  T.  Tract.  V.  Sacr.  Poenit.  Sect.  IT.  cp.  II. 
art.  I.  §  2,  n.  307. 

27  Cum  actu  interna  a  quo  procedit  facit  unum  complete  individuum  in  genere 
mor is,  actus  enim  externus  se  habet  veluti  materia,  internus  veluti  forma  unius 
operationis  humanae.     Mazzotta,  1.  c.  Tract.  VI.  Disp.  I.  Q.  IV.  cp.  III. 


EXTENT    OF    THE   INTEGRITY    OF  CONFESSION        161 

have  dealt  a  wound,"  for  ho  has  sufficiently  indicated  by  that 
avowal  the  internal  act.  If,  again,  a  man  wounded  another 
intending  to  kill,  it  is  not  enough  to  say,  "I  intended  to  kill," 
but  he  must  add,  "and  1  wounded  the  man."  28 

AVith  regard  to  the  obligation  of  confessing  the  effect29  of  a 
mortal  sin  theologians  are  not  of  one  mind,  since  it  is  not  always 
clear  whether  the  evil  effect  flowing  from  a  cause  voluntarily 
chosen  is  in  sese  a  sin  or  not.  It  is  certain  that  the  malus  effec- 
tus of  a  sinful  action  must  be  confessed  if  such  effect  fall  under 
a  reservation,  or  under  a  censure,  or  if  the  question  of  restitution 
is  to  be  settled.  However,  it  is  certain  that  if  such  effects  were 
not  at  all  foreseen,  there  is  no  obligation  to  confess  them.  Thus 
a  murder  committed  under  the  influence  of  drink  need  not  be 
confessed,  supposing  that  such  a  consequence  had  been  alto- 
gether unforeseen. 

As  to  the  other  cases,  those  theologians  who  deny  that  the 
malus  effectus  voluntarius  in  causa  is  a  sin,  because  the  effect  is 
no  longer  in  se  voluntary  or,  being  beyond  the  control  of  the  will, 
is  desired  only  in  its  cause  (voluntarius  in  causa  est),  maintain 
that  such  an  effect  need  not  be  confessed.  Other  theologians, 
as  St.  Thomas,  Suarez,  Soto,  Sanchez,  etc.,  make  a  distinction, 
teaching  that  the  malus  effectus  is  no  sin,  when  the  evil  will  has 
been  retracted  by  contrition  and  repentance  before  the  act  has 
taken  place  whose  effect  cannot  be  hindered;  if,  however,  the 
evil  will  lasts,  the  effect  is  a  sin.  Hence  a  priest  who,  to  escape 
saying  his  office,  would  throw  his  breviary  into  the  sea,  but 
repent  of  his  act  immediately  after,  is  not  obliged  to  confess 
the  omission  of  his  office,  since  the  omission  was  not  a  sin,  but 
only  the  evil  effect  of  a  sin  already  repented  of.     So,  too,  a  man 

28  Renter,  Theol.  Mor.  P.  IV.  Tract.  V.  De  Confess.  Q.  VI.  n.  317;  Maz- 
zotta,  1.  c.  Tract,  VI.  Disp.  I.  Q.  IV.  cp.  III. 

29  The  effect  of  a  mortal  sin  is  omne  id  i/<n>/l  consequitur  <n/  totum  peccatum 
compleium  in  individuo ;  e.g.  the  wish  to  kill  is  externally  completed  /'//  esse 
pi  ccati  by  the  giving  of  poison  ;  the  death  which  ensues  i-  called  i  he  efft  ctus 
l><  ccati. 


162  THE    RECIPIENT    OF   PENANCE 

who  has  given  another  poison  and,  before  death  takes  place,  con- 
fesses his  crime  with  sorrow  is  not  obliged,  after  death  has  taken 
place,  to  accuse  himself  again  of  murder.  On  the  other  hand, 
the  evil  effects  which  take  place  when  the  will  did  not  retract 
must  be  confessed,  since  they  are  at  least  the  completion  of  the 
external  sin  and  share  in  the  malice  of  the  cause.  Mazzotta 
makes  a  distinction  here  which  is  very  apt.  He  says:  if  an 
effect  follows  from  a  sinful  act,  and  though  it  may  be  prevented, 
is  not  so  prevented,  the  penitent  must  confess  the  effect  because 
it  completes  his  neglect  in  so  far  as  this  is  an  external  sin;  if 
the  effect  cannot  be  hindered,  there  is  no  obligation  per  se  lo- 
quendo  to  confess  the  malus  effectus,  for  it  is  neither  a  sin  in  se 
nor  does  it  externally  complete  the  sin.30 

To  the  preceding  we  add  two  observations:  — 

1.  Since  the  duty  of  making  a  complete  confession  rests  on  a 
command,  we  are  not  obliged  per  se  to  confess  what  is  probabiliter 
not  enjoined  by  the  precept,  for,  in  accordance  with  sound  prin- 
ciples of  probabilism,  a  doubtful  law  has  no  binding  force.  To 
this  we  may  add,  that  a  confession  is  valid  in  which  the  penitent 
omits  nothing  through  any  grievous  fault  of  his  own,  that  is, 
knowingly  or  through  culpable  ignorance  and  carelessness.  Now 
the  principles  of  probability  furnish  a  practically  safe  conscience 
with  regard  to  the  limits  of  a  command ;  hence  in  this  case  the 
confession  is  entire,  at  least  formally  entire,  and  that  is  sufficient 
for  the  validity  and  grace  of  the  Sacrament. 

2.  If  the  penitent,  through  forgetfulness  or  for  some  lawful 
reason,  without  any  blame  attaching  to  him,  omits  to  mention 
something  which  is  necessary  for  the  integrity  of  the  confession, 
he  is  bound  to  disclose  it  on  the  next  occasion;  for,  by  the 
decision  of  the  Council  of  Trent,  each  and  every  mortal  sin  of 
which  one  is  conscious  must  be  mentioned,  that  it.  may  be  directly 
remitted;    hence  if  sins  occur  to  the  mind  which  have  not  yet 

30  Mazzotta,  1.  c.  cp.  III.  with  Lugo,  Salm.,  Tamb.,  etc.  Cf.  Marc,  P.  CL 
Institut.  Moral.  Alphons.  Tom.  IT.  P.  TTI.  Tract.  V.  De  Poenit.  u.  1692. 


THE    NUMBER    OF   SINS    IN    CONFESSION  163 

been  confessed,  they  must  be  submitted  to  the  power  of  the  keys. 
Thus  Alexander  VII  condemned  the  proposition:  Sins  which 
have  been  forgotten  or  omitted  in  confession  on  account  of  in- 
stant danger  to  life  or  for  any  other  reason,  need  not  be  mentioned 
in  the  next  confession  (cf.  Prop.  11  damn.). 

23.   The  Number  of  Sins  in  Confession. 

The  declaration  of  the  number  of  sins  is  another  feature  com- 
pleting the  Sacrament.  The  penitent  must  give  the  number  of 
his  mortal  sins  so  far  as  he  can;  if  he  knows  exactly  how  often 
he  has  fallen  into  a  mortal  sin,  he  must  state  that  number  of 
times,  neither  increasing  nor  diminishing;  if,  despite  careful  ex- 
amination and  reflection  he  cannot  arrive  at  the  real  number,  he 
must  give  it  as  near  as  possible,  adding  the  words  "about"  or 
"at  least";  in  so  doing  he  fulfills  his  obligation,  for  he  has  done 
what  he  could,  which  is  sufficient  to  enable  a  judgment  to  be 
pronounced  humano  modo.  Should  the  penitent,  after  having 
thus  confessed  in  all  good  faith,  discover  later  on  a  more  accu- 
rate number  than  that  confessed,  he  is  not  obliged  to  make  an- 
other confession  to  supply  this  number;  nor  .should  he  disquiet 
himself,  for  the  round  numbers  given  in  the  first  confession  in- 
cluded everything;  it  is  only  when  the  newly  discovered  num- 
ber is  considerably  greater  than  the  vague  estimate  of  his  first 
confession  that  he  is  obliged  to  confess  again,  because  the  num- 
ber, and,  in  consequence,  the  sin,  was  not  perfectly  confessed, 
since  a  far  greater  number  cannot  be  considered  as  included  in 
his  former  round  estimate.31 

The  question  naturally  arises  what  the  confessor  is  to  under- 
stand by  a  numeral  qualified  by  "about"  or  "at  least."  As  a 
general  rule  the  greater  the  number  expressed,  the  greater  is  the 
number  that  may  be  understood  as  implied  ;  for  instance,  "about 

31  This  is  communis  tkeologorum  doctrina.  Cf.  S.  Alph.  1.  c.  Lil>.  VI.  o. 
466;  Reuter,  1.  c.  Tract.  V.  De  Confess,  a.  312;  Lugo,  Disp.  16,  Sect.  •_'. 


164  THE    RECIPIENT    OF    PtiNAXCE 

three  times''  would  mean  from  two  to  four  times;  "about  five 
times,"  from  four  to  six  times;  "about  ten  times,"  from  eight 
to  twelve  times;  "about  one  hundred  times,"  at  most  from 
ninety  to  one  hundred  and  ten  times.  It  is  clear  from  this 
general  appreciation  of  theologians  that  the  numbers  implied 
by  the  term  "about"  increase  in  proportion  to  the  actual  num- 
ber mentioned.  If  the  penitent  discovers  that  he  has  mentioned 
a  number  considerably  less  than  the  truth,  he  must  remedy  the 
defect;  if  he  has  erred  by  giving  too  large  a  number,  he  need 
not  correct  the  mistake,  because  the  larger  number  includes  the 
less.  Moreover,  it  is  advisable,  instead  of  using  high  numbers, 
to  state  how  often  the  sin  has  been  committed  in  the  course  of 
a  week  or  a  month,  etc.,  especially  with  regard  to  frequent  or  inte- 
rior sins.  Indeed  with  habitual  sinners  it  suffices  to  state  how 
long  they  have  indulged  the  evil  habit,  and  that  they  have  given 
willful  consent  more  or  less  daily  whenever  occasion  offered  ; 
this  is  enough,  when  the  actual  number  of  sins  is  so  doubtful 
that  there  would  always  be  a  grave  risk  of  a  mistake  in  trying 
to  determine  it.  "The  confessor,  when  he  knows  the  period 
over  which  the  accusation  extends,  may  easily  and  safely  form 
his  opinion  in  the  case  of  a  penitent  whose  will  is  habitually 
inclined  to  sin,  that  the  penitent  has  sinned  as  often  as  there 
were  necessary  interruptions  to  his  sin."  32  This  method  in 
determining  the  number  of  sins  is  as  well  founded  as  the  other, 
for  in  this  case,  too,  all  is  done  that  is  morally  possible.  Hence 
the  confessor  should  never  force  his  penitent  to  give  a  deter- 
minate number,  for  this  is  in  most  cases  impossible.  On  the 
other  hand,  the  confessor  should  help  the  penitent  to  state 
the  number  in  the  way  we  have  indicated.33 

32  Lehmk.  1.  c.  cp.  II.  Confessio,  art.  I.  §  1,  n.  305. 

33  S.  Alph.  Praxis  Conf.  n.  -20.  Compare  Casus  Bened.  XIV,  pro  anno 
1744,  mens.  Jun.  cas.  3.  A  man  confesses  that  for  a  month  he  has  been 
harboring  evil  thoughts  against  his  friend,  and  during  the  same  time  enter- 
taining impure  thoughts  about  a  woman;  the  question  is  put  whether  such 
a  confession   is  sufficiently  complete.     The  answer  is  given  distinguendo : 


THE    NUMBER    OF    SINS    IN    CONFESSION  165 

Hence  a  prostitute  makes  a  sufficient  statement  in  confessing 
how  often  she  has  been  accustomed  to  sin  each  day  or  week,  at 
the  same  time  telling  the  species,  or  at  least  the  more  general 
species,  of  the  sins  so  far  as  possible;  she  would  make  a  perfect 
confession  by  an  accusation  such  as  follows :  "  I  have  spent  so 
many  years  in  this  state  of  sin,  and  as  occasion  offered  I  sinned 
with  all  who  came,  married  and  unmarried,  and  also  with  those 
who  were  bound  by  vow."  Penitents  must  always  give  at  least 
the  more  general  specific  characters  of  their  sins,  and  the  num- 
ber of  times  per  day  or  week  they  have  sinned.34 

A  similar  difficulty  is  presented  in  the  case  of  those  who  have 
a  deeply  rooted  habit  of  sin  -  -  those,  for  example,  who  con- 
stantly entertain  impure  desires  with  regard  to  women  whom 
they  chance  to  meet;  it  is  very  difficult  in  such  a  case  to  give 
any  number.  Such  people  make  a  perfect  confession  by  stat- 
ing that  they  are  given  to  this  habit,  adding  whether  they  in- 
dulge frequently  in  the  day  or  week;  besides  this  they  should 
mention  at  least  the  more  general  specific  characters,  whether 
they  indulge  these  desires  with  regard  to  married  people  or 
relations  or  persons  consecrated  to  God.35 

The  same  difficulty  arises  with  regard  to  uneducated  and 
ignorant  people  who  have  to  accuse  themselves  of  impure  con- 
versations carried  on  at  their  work  during  the  whole  day,  on  all 
sorts  of  subjects  and  before  all  kinds  of  companions.  The}-, 
too,  may  confess  the  number  and  species  of  their  sins  as  we 
have  indicated  above.36 

Lugo  and  Sporer  would  also  admit  the  confession  as  valid  and 

1.  If  the  penitent  has  occasionally  recalled  his  unfriendly  wishes  or  impure 
desires,  and  has  not  fallen  into  them  very  often,  the  confession  is  not  suffi- 
cient. 2.  If  he  has  never  retracted  in  either  case  and  has  fallen  frequently 
into  those  sins  every  day,  the  statement  will  suffice  as  it  stands. 

34  Cf.  Lugo,  1.  c.  Disp.  16,  n.  57:5 ;  Sporer,  Theolog.  Moral.  Sacram.  P.  III. 
cp.  III.  Q.  IV.  n.  452. 

35  Lugo,  1.  c.  n.  574;  Sporer,  1.  c.  n.  453;  Reuter,  1.  c.  n.  313. 
86  Lugo,  1.  c.  n.  575;  Sporer,  1.  c.  n.  45:5. 


166  THE   RECIPIENT    OF   PENANCE 

give  absolution  to  a  thief  who  accuses  himself  as  follows: 
"Since  I  was  ten  years  old  I  have  been  so  addicted  to  stealing 
that  whenever  a  chance  was  offered  —  and  that  happened  very 
frequently  —  I  stole  what  I  could;  besides  I  have  stolen  sacred 
objects  of  considerable  value  on  five  occasions  or,  if  I  mistake 
not,  six."  37 

Though  the  accusation  of  the  species  in  confession  usually 
offers  more  difficulty  than  that  of  the  number,  yet  Lugo  advises 
the  more  learned  confessors  in  particular  to  refrain  from  being 
too  exacting  in  demanding  the  classification  from  their  penitents. 
As  the  less-trained  confessor  may  fail  in  this  respect  by  defect, 
the  more  learned  confessor  is  exposed  to  the  danger  of  excess. 
The  penitent  must  give  the  species  of  the  sin,  and  the  confessor 
is  bound  to  inquire  with  due  regard  to  the  penitent's  ability 
and  the  knowledge  which  he  had  at  the  time  of  sinning;  for 
a  man  cannot  do  evil  of  which  he  is  ignorant;  moreover,  it  is 
sufficient  to  have  a  general  consciousness  of  grave  malice. 

24.   The  Confession  of  the  Circumstances  of  Sins. 

The  circumstances  under  which  sins  are  committed  {condi- 
tiones  quce  actus  substantiam  circumstant  atque  in  ejus  moralitatem 
influunt)  are  of  different  kinds:  1.  Some  change  the  species  of 
the  sin  (speciem  mutantes);  for  example,  the  circumstance  of  a 
vow  or  of  marriage  adds  to  the  sin  of  impurity  that  of  sacrilege 
or  that  of  adultery.  2.  Other  circumstances  are  aggravating 
(aggravantes)  in  greater  or  less  degree  and  gradum  moralitatis 
mutantes  or  moralitatem  augentes  —  such,  for  instance,  as  increase 
the  malice  within  the  limits  of  the  same  species;  they  are  the 
duration  of  the  act,  its  intensity,  its  degree,  the  manner  of 
carrying  it  out,  the  particular  occasion,  etc.  3.  Other  circum- 
stances are  mitigating  {minuentes,  moralitatem  minuentes),  be- 
cause they  palliate  the  malice  of  the  act;  as,  for  example,  want 
of  advertence,  etc. 

37  Cf.  Lugo,  1.  c,  and  Sporer,  1.  c. 


CONFESSION    OF    THE    CIRCUMSTANCES    OF    SINS     167 

The  circumstances  must  be  confessed :  — 

I.  If  they  change  the  species  of  the  sin.  This  is  the  express 
teaching  of  the  Council  of  Trent.  Hence  it  is  not  enough  to 
confess  to  stealing  if  the  property  of  the  Church  has  been  taken; 
for  the  stealing  of  a  res  sacra  is  not  merely  a  sin  of  injustice  but 
a  theft  from  God  and  so  a  new  sin.  If  a  child  curses  its  parents, 
it  is  not  enough  to  mention  that  it  cursed,  for,  since  special  rev- 
erence is  due  to  parents,  the  violation  of  that  special  reverence 
is  a  new  sin. 

The  following  circumstances  call  for  particular  mention :  — 

1.  The  circumstance  of  the  person  who  commits  the  sin,  when 
with  regard  to  the  matter  of  the  sin  he  is  consecrated  to  God  or 
bound  by  vow,  as  in  sins  against  purity,  or  when  he  sins  against 
111;'  chastity  of  the  married  state,  or  when  he  stands  in  special 
spiritual  relations  towards  those  with  whom  he  sins. 

If  a  man  is  consecrated  to  God  by  Holy  Orders  or  the  reli- 
gious state  and  has  to  confess  a  sin  against  purity,  he  must  men- 
tion the  circumstance  of  his  state  of  life,  since  he  has  committed 
a  double  sin,  one  of  impurity  and  another  of  sacrilege.  Now 
those  who  are  consecrated  to  God  by  Holy  Orders  or  the  reli- 
gious state  incur  the  special  sin  of  sacrilege  when  they  fall  into 
impurity;  the  mere  circumstance  of  the  vow  being  simple  or 
solemn  does  not  constitute  a  new  species,  nor  the  fact  of  being 
bound  to  chastity  by  vows  of  religion  as  well  as  by  Orders;  these 
added  details  need  not  be  confessed.  Many  moralists  teach  also 
that  those  incur  sacrilege  who  are  bound  by  a  private  vow  of 
chastity,  and  St.  Alphonsus  admits  this  opinion  as  probable. 
Hence  all  those  who  have  sinned  against  purity  make  a  full  con- 
fession when  they  confess  the  circumstance  of  the  vow  by  which 
theyare  bound,  without  distinguishing  whether  thevowbe  private, 
solemn,  simple,  or  that  of  Orders  (votum  sole  mm  ordinis  sacri). 

This  is  the  doctrine  of  Lugo  38  and  Lacroix ; 39  Sanchez,40  too, 

38  Disp.  16,  n.  146  ei  seq.  39  L.  c.  1060,  etc 

40  De  matrimon.  L.  7,  Disp.  27  ft  seq. 


168  THE   RECIPIENT    OF   PENANCE 

defends  this  view  on  the  ground  that  the  solemn  vow  is  in  sub- 
stance or  in  se  not  distinct  from  the  simple  vow.  His  authority 
seems  to  have  won  over  many  theologians  to  the  same  opinion. 
Gury  also  holds  this  view ;  but  the  Ratisbon  41  and  Roman  42 
editions  of  his  valuable  manual  reject  it  in  the  notes.  Lehm- 
kuhl,43  moreover,  opposes  it  and  teaches  that  to  incur  a  personal 
sacrilege  (and  this  is  the  question  under  discussion)  the  person 
sinning  (or  with  whom  the  sin  has  been  committed)  must  be 
consecrated"  to  God  publico,  auctoritate,  i.e.  by  Holy  Orders  or 
by  vows  of  religion.  Hence  by  the  violation  of  a  private  vow 
of  chastity  a  sacrilege  in  its  strict  and  proper  sense  is  not  in- 
curred, though  a  sin  is  committed  against  religion  by  the  breach 
of  fidelity  to  God.  Sacrilege  is  incurred  by  the  abuse  of  a  sacred 
object.  Now  that  cannot  be  called  a  sacred  object  which  is 
privately  consecrated  to  God  without  any  recognition  on  the 
part  of  the  properly  constituted  authorities.  A  private  vow 
cannot  produce  this  effect,  for  the  common  teaching  of  all  theo- 
logians, a  few  excepted,  maintains  that  the  breach  of  such  a 
vow  is  a  violation  of  fidelity,  not  of  the  reverence  due  to  God, 
at  least  not  in  such  a  degree  as  to  constitute  a  sacrilege  strictly 
so  called.44  Thus  the  more  correct  view  is  that  of  those  who 
hold  that,  in  confessing  sins  against  purity,  the  circumstance  of 
Holy  Orders  and  of  the  religious  vow  is  to  be  given;  for  who- 
ever confesses  as  doubtful  a  circumstance  which  certainly 
changes  the  species  of  the  sin  does  not  fulfill  the  precept  of  con- 
fession. Such  may  be  the  case,  for  instance,  where  a  priest  con- 
ceals the  circumstance  of  Holy  Orders  and  mentions  only  the 

41  Editio  in  Germania  V  (Ratisb.  1874),  P.  IT.  Tract,  de  Confess,  n.  492. 

42  Gury-Ballerini,  Ed.  IX  (Roma?,  1887),  P.  II.  Tract,  de  Confess,  n.  492, 
Q.  12  et  P.  I.  n.  286. 

43  L.  c.  Tract.  V.  De  Sacram.  Pcenit.  Sect.  II.  cp.  II.  Confess,  art.  I.  Sect. 
2,  n.  310,  and  P.  I.  L.  I.  Tract.  II.  cp.  II.  art.  II.  n.  385,  and  cp.  III.  art.  IT. 
n.  455. 

44  Cf.  S.  Thomas,  II.  II.  Q.  88,  art,  3;  Suarez,  1.  c.  n.  1  et  seq.,  Tract.  VI 
1.  5,  c.  3,  n.  2  et  seq. 


CONFESSION    OF   THE    CIRCUMSTANCES    OF    SINS      1G9 

violation  of  the  vow  of  chastity;  for  the  violation  of  this  vow 
is  certainly  a  sacrilege  for  those  in  whom  it  has  been  solemnized 
by  the  reception  of  "Holy  Orders,"  while  that  of  the  simple 
vow  is  only  doubtfully  so.45 

Parish  priests  by  scandalizing  their  flock,  parents  their  chil- 
dren, teachers  the  scholars  under  their  instruction,  incur  a  spe- 
cial sin  against  charity.  Such  persons  have  in  virtue  of  their 
office  the  strictest  obligation  to  edify  those  intrusted  to  them 
and  to  keep  them  away  from  harm.  The  case  of  a  confessor 
who  gives  scandal  to  a  person  who  happens  to  be  his  penitent  is 
different ;  but  he  is  obliged  to  mention  the  circumstance  of  this 
relationship  when  he  has  given  scandal  in  connection  with  the 
administration  of  the  Sacrament;  his  office  as  confessor  only 
imposes  on  him  the  strict  duty  of  guiding  the  penitent  safely  in 
the  Sacrament  of  Penance,  and  is  only  transitory,  ending  per  se 
with  each  confession,  while  that  of  the  parish  priest  and  of  the 
others  mentioned  above  demands  a  constant  spiritual  care  of 
those  intrusted  to  them.  Other  offices  involving  authority  do 
not  change  the  species  of  the  scandal  given  to  subjects,  though 
they  may  increase  its  malice,  if,  for  example,  a  master  leads  his 
servant  into  sin.  The  dignity  of  a  person  does  not  of  itself 
change  the  species  of  the  sin  of  scandal  given  to  his  subjects, 
though  it  increases  the  gravity  of  a  sin.  If,  however,  a  master 
has  taken  upon  himself  the  duties  of  a  parent,  for  instance, 
towards  his  servant-girl,  he  most  certainly  incurs  a  new  and 
distinct  sin  by  scandal  given  to  her,  and  must  mention  his 
special  relation  to  the  girl. 

2.  The  circumstance  of  the  person  with  whom  the  sin  has  been 
committed,  if  God's  honor  has  suffered  in  any  way,  or  if  the 
rights  of  a  third  person  or  the  particular  respect  or  love  which  is 
due  to  the  said  person  have  been  violated. 

If  the  person  with  whom  sin  has  been  committed  or  who  has 

45  Cf.  Gury,  ed.  Ratisbon,  1.  c. 


170  THE    RECIPIENT    OF   PENANCE 

been  led  into  sin  is  consecrated  to  God  or  bound  by  a  vow  re- 
ferring to  the  matter  of  the  sin,  a  new  and  special  sin  is  incurred 
against  tlje  virtue  of  religion  {i.e.  a  sin  either  of  sacrilege  or  at 
least  of  a  violation  of  the  vow).  If  any  one  commit  a  sin  of 
impurity  with  a  relation,  it  is  no  longer  merely  a  sin  against 
purity,  it  is  incest.  It  is  a  probable  opinion  that  the  penitent 
is  not  obliged  to  mention  the  exact  degree  of  relationship  whether 
by  blood  or  marriage,  since  that  does  not  change  the  species 
ratione  incestus,  except  in  the  first  degree  either  of  blood-rela- 
tionship or  marriage  connection;  thus  sin  committed  between 
father  and  daughter,  mother  and  son,  father-in-law  and  daugh- 
ter-in-law, mother-in-law  and  son-in-law,  must  be  mentioned 
along  with  the  relationship;  yet  there  is  no  doubt  that  ratione 
superior  itatis  vel  pietatis  sin  incurred  by  a  father  with  his  own 
daughter  or  his  daughter-in-law,  bears  a  different  character  from 
the  sin  of  a  son  with  his  mother  or  mother-in-law. 

The  sin  of  hatred  acquires  a  new  species  of  sinfulness  when 
the  hatred  is  directed  against  those  more  closely  connected,  e.g. 
parents,  children,  grandparents,  grandchildren,  and  against  those 
connected  by  marriage  in  the  first  degree  of  the  direct  line,  such 
as  wife,  godparents,  and  brothers.  Hatred  of  those  most  nearly 
related  may  much  more  easily  become  a  grievous  sin  than 
hatred  of  other  people.46 

3.  The  circumstance  of  place,  if  a  sacrilege  is  thereby  com- 
mitted; thus  (a)  if  a  sacred  object  or  something  belonging  to 
the  property  of  the  Church  is  stolen  and  taken  out  from  a  sacred 
building,  a  double  sacrilege,  real  and  local,  is  committed.  The 
circumstance  of  the  local  sacrilege,  that  is,  the  fact  that  sin  has 
been  committed  in  the  Church  is  not  of  itself  gravely  sinful; 
hence  when  a  profane  object  which  is  merely  accidentally  in 
the  Church  is  stolen,  a  sacrilege,  though  not  a  gravely  sinful  one, 
is  added  to  the  sin  of  theft.47     (&)   If  the  immunity  of  a  church 

46  Lugo,  Disp.  16,  n.  298. 

47  Gury-Ballerini,  I.  n.  286,  and  Lugo,  De  Poenit.  Disp.  16,  n.  466  sqq. 


CONFESSION    OF    THE    CIRCUMSTANCES    OF    SINS      171 

is  violated;  (c)  if  anything  is  done  in  a  church  by  which  it 
is  polluted  in  the  sense  of  the  canon  law;  (d)  if  profane  occupa- 
tions gravely  at  variance  with  the  holiness  of  the  place  are  carried 
on  in.  the  church,  whether  those  occupations  be  in  themselves 
sinful  or  not. 

4.  The  circumstance  of  time;  if,  for  instance,  the  time  at 
which  the  sin  took  place  was  the  reason  why  the  action  in  ques- 
tion has  been  forbidden,  and  if  by  the  action  done  at  some  par- 
ticular time  a  special  offence  is  given  to  God.  This  circumstance 
might  involve  grave  sin  (a)  if  Good  Friday  were  chosen  for  the 
performance  of  an  obscene  play;  (6)  if  during  the  forbidden 
time  a  marriage  were  celebrated  with  great  pomp;  (c)  if  dur- 
ing the  celebration  of  Mass  or  immediately  after  holy  com- 
munion, before  the  sacred  species  had  time  to  be  altered,  the 
communicant  were  to  commit  some  outrage  greatly  dishonoring 
to  the  Blessed  Sacrament.  These  are  circumstances  which 
moralists  generally  enumerate  as  constituting  a  new  species  of 
sinfulness.  On  the  other  hand,  a  sin  committed  on  a  Sunday 
or  feast-day  or  on  a  communion-day  is  not  per  se  invested  with 
the  particular  malice  of  a  sacrilege;  nevertheless  the  fact  that  a 
man  relapses  into  his  old  sins  on  a  confession  or  communion  day 
gives  ground  for  the  suspicion  that  his  last  confession  was  de- 
void of  real  contrition  and  in  consequence  invalid  and  sacri- 
legious.48 

5.  Finally,  the  circumstance  of  the  end  in  view  is  to  be  con- 
fessed if  it  is  in  se  mortally  sinful;  for  instance,  a  man  who 
steals  with  the  object  of  getting  drunk  is  guilty  of  drunkenness 
as  well  as  theft,  and  on  that  account  must  confess  the  purpose 
for  which  he  stole.49 

Now  there  are  many  penitents  who  cannot  judge  of  the  cir- 
cumstances which  change  the  nature  of  the  sin;    such  must  be 

48  Cf.  Lugo,  De  Poenit.  Disp.  16,  n.  213  sqq. 

49  Cf.  Lehmkuhl,  1.  c.  Tract.  V.  Sacr.  Poen.  Sect.  II.  cp.  II.  Conf.  art.  I. 
§  2,  a.  308,  and  Th.  M.  Gen.  Tract.  I.  cp.  III.  §  2,  n.  31. 


172  TUE    RECIPIENT    OF    PENANCE 

taught  to  mention  in  confession  whatever  increases  or  diminishes 
the  malice  of  the  sin;  the  rest  will  be  supplied  by  the  confessor, 
for  he  has  the  duty  of  asking  the  penitent  not  only  about  the 
circumstances  which  affect  the  species  of  sin,  but  everything 
which  he  considers  necessary  to  aid  him  in  forming  a  correct 
judgment  on  the  spiritual  state  of  the  penitent.  This  right  im- 
plies a  duty  on  the  part  of  the  penitent  to  answer  the  questions 
put  to  him;  these  questions  turn  for  the  most  part  on  habits  of 
sin,  relapses,  and  proximate  occasions  of  sinning.  Hence  Inno- 
cent XI  condemned  the  proposition50  which  denies  the  obliga- 
tion of  answering  when  the  confessor  makes  inquiries  about 
habits  of  sin.  The  knowledge  of  a  habit  of  sin,  or  of  relapses, 
or  of  proximate  occasions  is  very  important  in  settling  whether 
absolution  should  be  given  or  deferred ; 51  besides  it  is  of  su- 
preme importance  to  the  confessor  in  his  office  as  physician  that 
he  be  in  a  position  to  suggest  the  necessary  and  proper  means 
for  amendment.  The  penitent  must,  therefore,  if  asked,  men- 
tion former  sins  though  already  confessed.  No  one  need  take 
offense  because  he  is  thus  obliged  per  accidens  to  repeat  sins  which 
have  already  been  duly  forgiven;  the  purpose  is  not  to  pro- 
nounce a  new  sentence  upon  them,  but  to  enable  the  priest  to 
form  a  correct  judgment  with  regard  to  the  sins  just  confessed 
by  noting  their  relation  to  former  sins,  and  thus  to  prescribe 
suitable  means  of  correction  and  provide  as  much  as  possible 
against  relapses.52 

II.  Those  circumstances  are  also  to  be  mentioned  by  which 
sins  of  their  own  nature  venial  become  mortal  (C.  aggravantes) . 
Intemperance  is  not  always  a  mortal  sin,  but  it  becomes  so 
when  it  deprives  a  man  of  the  use  of  reason;   to  steal  a  cheap 

50  Propos.  58  damn. 

51  See  §  48,  The  Duty  of  the  Confessor  with  regard  to  asking  Questions. 
Compare  §§  64,  65. 

52  Cf.  Mazzotta,  1.  c.  Tract.  VI.  Disp.  I.  Q.  IV.  De  Confess,  cp.  3;  Gury- 
Ballerini,  1.  c.  n.  485. 


CONFESSION    OF    THE    CIRCUMSTANCES    OF    SINS      173 

tool  might  of  itself  be  only  a  venial  sin,  but  if  the  loss  of  it 
deprives  a  poor  artisan  of  the  means  of  doing  a  day's  work,  it 
becomes  mortal.  In  the  same  way  one  ought  to  mention  the 
mitigating  circumstances  which  make  a  mortal  sin  only  venial 
or  even  no  sin  at  all. 

Moralists  give  seven  cases  in  which  circumstances  may  change 
a  venial  into  a  mortal  sin:  — 

1.  Ratione  conscientw  erronecv,  when  a  man  through  ignorance 
thinks  a  venial  sin  to  be  mortal.  2.  Ratione  scandali  vel  gravis 
damni,  when  grave  scandal  is  given  to  one's  neighbor,  doing 
spiritual  or  temporal  harm;  as,  for  instance,  if  a  priest  were  to 
speak  lightly  of  sacred  things  -  -  thus  St.  Bernard  53  says :  Nugo3 
inter  sccculares  nuga?,  in  ore  sacerdotis  blasphemiw  sunt;  or,  again, 
if  a  priest  behaved  lightly  with  a  woman  or  were  seen  the  worse 
for  drink;  or  if  one  were  to  address  a  person  rather  insultingly, 
foreseeing  that  he  would  break  out  into  a  great  rage  and  blas- 
phemy ;  or  if  a  woman  dress  vainly  and  foresee  that  some  young 
man  at  the  sight  of  her  will  sin  mortally  by  impious  desires. 
3.  Ratione  pravi  finis  graviter  mali,  when,  for  example,  a  small 
lie  is  told  to  lead  a  girl  into  sin.  The  evil  intention  may  not  only 
increase  the  guilt  of  a  sinful  action,  but  it  will  make  an  other- 
wise innocent  action  sinful.  4.  Ratione  formalis  contemptus 
legis  vel  superioris,  when  a  venial  sin  is  committed  out  of  formal 
contempt  for  the  law  or  lawgiver,  or  superior,  as  when  a  Catho- 
lic on  an  abstinence  day,  and  quite  aware  of  the  duty  of  abstain- 
ing, eats  ostentatiously  a  little  flesh-meat  to  show  the  slight 
regard  in  which  he  holds  the  law.54  5.  Ratione  pravi  affectus 
in  rem  alioqui  leviter  malam,  when  a  man  is  so  attached  to  & 
venial  sin  that  he  would  commit  it  even  if  it  were  mortal,  or  in 
consequence  of  this  attachment  would  be  ready  to  commit  other 
mortal  sins,55  as,  for  instance,  if  a  man  chose  rather  to  steal  than 

68  De  cousiderat.  II.  13. 

54  Cf.  S.  Thomas,  II.  II.  Q.  1S6,  art.  9  ad  3. 

55  Cf .  S.  Thomas,  I.  II.  Q.  88,  art.  2. 


174  THE    RECIPIENT    OF    PENANCE 

to  overcome  his  vanity  or  intemperance.  6.  Ratione  periculi 
sen  occasionis  proximce  in  peccatum  mortale  labendi,  when  the 
venial  sin  is  known,  or  can  be  known,  as  a  proximate  occasion 
of  mortal  sin;  a  man,  for  example,  looks  at  a  person  of  the 
other  sex  or  entertains  rather  familiar  relations  with  her  though 
he  knows  that  such  conduct  in  his  case  is  a  proximate  occasion 
of  gravely  sinful  desires  or  actions.  Even  actions  otherwise 
neutral  or  indifferent  may  for  this  reason  become  gravely  sin- 
ful. 7.  Ratione  cujuscunque  circumstantia  quce  mortalcm  in  se 
malitiam  contineat;  thus  insults,  proceeding  from  envy  and  de- 
sire of  revenge,  may  be  mortal  sins.56  Hence  these  circum- 
stances must  be  confessed. 

The  following  circumstances  may  make  sins  venial  which  are 
of  their  own  nature  mortal :  1.  Smallness  of  matter;  2.  Want 
of  full  advertence ;  3.    Want  of  consent ;  4.    A  false  conscience.57 

These  circumstances  must  be  told  in  confession  not  in  order 
to  secure  its  integrity,  but  that  the  confessor  may  be  able  to 
form  a  correct  judgment. 

III.  Circumstances  which  make  but  little  difference  in  the 
gravity  of  the  sin  need  not  be  confessed. 

IV.  Circumstances  which  aggravate  a  mortal  sin  within  its 
own  species  to  a  notable  degree  (circumstantice  notabiliter  aggra- 
vates intra  eamdem  xpccicm)  need  not  per  se  loquendo  be  con- 
fessed; this  is  the  common  and  most  approved  teaching  of 
theologians;  other  reasons  may  exist  which  make  it  expedient 
to  mention  these  circumstances. 

At  the  same  time  theologians  are  not  unanimous  on  this  sub- 
ject. Three  opinions  are  current,  and  each  one  of  them  has  its 
own  probability  and  its  champions  of  no  mean  repute.  We 
may  as  well  observe  that  the  probability  of  the  negative  propo- 

56  Cf.  S.  Thomas,  I.  II.  Q.  88,  art.  5;  S.  Alph.  Lib.  VI.  n.  59-63;  Gury- 
Dnmas,  I.  n.  153;  Scavini,  I.  n.  734. 

57  Cf.  S.  Thomas,  I.  II.  Q.  88,  art.  1  et  2 ;  S.  Alph.  1.  c.  n.  54;  Gury- 
Dumas,  1.  c. 


CONFESSION    OF  THE    CIRCUMSTANCES    OF    SINS      175 

si! ion  (that  there  is  no  obligation)  is  conceded  oven  by  its 
opponents;  hence  all  grant  (ex  omnium  sententia)  as  probable 
that  no  one  is  bound  to  confess  these  circumstances,  so  that 
a  penitent  cannot  be  forced  to  disclose  them  unless  some 
exceptional  case  should  call  for  their  mention.58 

Those  who  maintain  the  affirmative  proposition  (i.e.  the  duty 
of  confessing  the  circumstantial  notabiliter  agyravantes)  fall  back 
on  the  reasons  to  which  the  Council  of  Trent  appeals  for  the 
necessity  of  confessing  circumstantias  speciem  mutantes,  viz.  in 
order  that  the  confessor  may  make  a  correct  judgment,  impose 
a  suitable  penance,  ami  suggest  the  proper  means  of  help;  for, 
they  add,  the  circumstantial  notabiliter  aggravantes  exercise  a 
great  influence  on  the  view  of  the  case  taken  by  the  confessor, 
and  on  that  account  ought  to  be  confessed.  The  fact  of  the 
Council  defining  that  only  the  circumstantial  speciem  mutantes 
need  be  disclosed  might  be  easily  explained  by  supposing  that 
the  Council  defined  only  what  was  certain,  and  left  theological 
views  where  they  were,  neither  approving  nor  condemning  them. 
The  last  conclusion,  however,  is  not  justified,  for  the  Council 
prescribes  that  circumstantm  speciem  mutantes  should  be  con- 
fessed without  determining  any  precept  for  the  aggravantes,  and 
if  equally  cogent  reason  had  existed  for  confessing  both  classes 
of  circumstances,  there  could  have  been  no  reason  for  restricting 
the  doctrine  to  those  which  change  the  species;  for,  says  Lugo,59 
it  ought  to  have  made  the  decree  to  embrace  both  classes  without 
imposing  any  limiting  clause. 

Further  demonstration  is  taken  from  the  Rituale  Romanum, 
which  directs:  "If  a  penitent  has  not  confessed  the  number, 
species,  and  circumstances  which  ought  to  be  given,  the  con- 
fessor must  ask  him."     By  the  word  species  should  be  under- 

58  On  this  controversy  see,  in  addition  to  S.  Alph.  Lib.  VI.  n.  468-471 
and  Lugo,  1.  c.  Disp.  16,  Sect.  3,  Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  I  (de 
integr.  mat.),  n.  352-365. 

59  De  Pcenit.  Disp.  16,  n.  115. 


176  THE    RECIPIENT    OF    PENANCE 

stood  the  circumstantm  speciem  mutantes,  and  by  the  rest  the 
circumstantm  notabiliter  aggravantes.  This  distinction,  however, 
is  unfounded,  for  by  species  is  meant  species  ex  parte  objecti,  such 
as  stealing,  impurity,  etc.,  and  under  circumstantial  necessarian 
the  circumstantm  speciem  mutantes  or  the  species  ex  parte  cir- 
cumstantiarum,  as  when  theft  becomes  a  sacrilege,  etc.60 

Appeal  is  made  also  to  the  Catechismus  Romanus,  which 
directs  that  those  circumstances  should  be  confessed  "which 
greatly  increase  or  diminish  the  malice."  61  It  may  be  ob- 
jected to  this,  however,  that  the  context  makes  it  clear  that 
there  is  no  necessity  to  interpret  the  passage  as  referring  to  cir- 
cumstances which  merely  increase  the  degree,  not  the  kind,  of 
the  guilt ;  for  the  Catechism  continues  thus :  Many  circum- 
stances are  so  serious  that  in  them  alone  lies  the  whole  gravity 
of  the  sin,  so  that  they  ought  to  be  confessed ;  but  the  only  cir- 
cumstances which  can  make  a  sin  grave  are  those  that  change 
the  moral  or  theological  species.  This  is  confirmed  by  the  fact 
that  the  Ritual  prescribes  also  that  circumstances  very  notably 
diminishing  the  gravity  of  the  sin  should  be  revealed;  for  even 
the  opponents  grant  that  this  has  force  only  when  the  mitigat- 
ing circumstances  change  the  species.62  Moreover,  the  Catechism 
illustrates  its  doctrine  by  declaring  the  necessity  of  mention- 
ing the  circumstance  of  "a  person  consecrated  to  God  "  in  a 
case  of  murder,  and  the  circumstance  of  "marriage"  in  the  case 
of  impurity;  and  these  belong  to  the  circumstances  which 
change  the  moral  species.  Finally,  if  the  Catechism  adduces 
the  example  of  a  theft,  it  is  no  proof  that  the  question  is  not  of 
circumstances  which  change  the  species,  and  when  it  declares 
that  one  who  has  stolen  one  gold  piece  is  less  guilty  than  another 
who  has  stolen  a  hundred  pieces  this  may  easily  be  understood 
of  a  circumstance  which  (with  regard  to  the  absolute  quantity) 

60  Cf.  Aertnys,  1.  c.  De  Poenit.  P.  II.  cp.  III.  art.  3,  n.  192. 

61  P.  IT.  De  Poenit.  cp.  5,  n.  47. 


62 


S.  Alph.  I.  c.  n.  468  ad  prob.  3  ex  ratione. 


CONFESSION    OF    TUB    CIRCUMSTANCES    OF    SINS      177 

constitutes  a  venial  guilt  and  so  introduces  a  distinct  theologi- 
cal species.63 

This  view  is  held,  among  others,  by  Suarez,  Sanchez,  Gonet, 
Lacroix. 

Other  theologians  teach  that  there  is  no  necessity  of  confess- 
ing circumstantias  notabiliter  aggravantes,  hut  they  make  an 
exception  with  regard  to  the  circumstance  of  quantity  in  cases 
of  theft.  St.  Alphonsus,  along  with  other  theologians,  how- 
ever, is  of  opinion  that  this  exception  ought  not  to  be  granted 
if  the  quantity  is  described  as  being  large;  for  from  that  the  con- 
fessor can  per  se  make  a  sufficiently  accurate1  judgment.  Bal- 
lerini  remarks  very  justly  that  the  exception  should  be  worded 
thus :  Except  when  some  additional  reason  exists,  e.g.  a  reserva- 
tion directed  against  a  certain  kind  of  incest  or  against  the  theft 
of  some  given  amount. 

The  third  opinion  denies  absolutely  the  necessity  of  confess- 
ing circumstantias  notabiliter  aggravantes,  and  this  is  the  more 
common  and  probable  view,  for  which  there  are  many  and 
weighty  reasons. 

(a)  The  Council  of  Trent  by  positively  limiting  its  decision 
to  those  circumstances  which  change  the  species  seems  to  exclude 
positively  the  obligation  of  confessing  others.  It  teaches  that 
circumstances  must  be  mentioned  because  without  them  the  sins 
would  not  be  properly  confessed  by  the  penitents  nor  properly 
understood  by  the  judge,  so  that  he  would  be  incapable  of  esti- 
mating correctly  the  gravity  of  the  sins  and  of  imposing  a  be- 
coming penance.  From  these  words  of  the  Council  it  is  fair  to 
conclude  that  the  penitent  has  done  all  that  is  necessary  when 
he  confesses  those  circumstances. 

(b)  Moreover,  we  are  bound  only  to  declare  mortal  sin;  now 
the  circumstantial,  notabiliter  aggravantes  within  the  same  species 
evidently  add  no  new  species  of  a  mortal  sin,  hence  they  need 


63 


Gury-BalleriBi,  1.  c.  P.  TI.  cp.  2.  art.  TT.  n.  ]si  ;  Aertnys,  1.  c. 


77 

not  be  com'  -  t  of  perfection, 

good,  of  -e  of  con- 

--  .._• 

.sequei.    -  small  importance 

follow  from  the  opposite  doctrine.     While  th^  present  opinion 

»f  both  penr  od  Con- 

ner has  quit  :  >r  who  could 

3  app:  _ ■  :iige  h  a  notable 

effect  upon  the  -  Imagine  the  difficult  and  often  frui' 

inquir!  a  .:'  s=       eould  have  1  many    :  his  :<eni- 

a  on!  -  on.     It  foil 

.^oppt-  yibUiter 

minumtes  woul< .  :o  be  confessed  or  t  nfesB 

cor-  !n  mo:  than  and  t 

Finally,  th  uld  not  in  the  mcil 

_  from 

would  no "  g  definite  li:  ._  the 

notabiliier  aggrarantes  is.  there- 
for doubtful,  ar.  .  law  has  no  binding  f( 

-     pinion  be  adopt-  a  safe  con- 

'pposite  be  probable,  and  whoever  fol- 
lows it  does  not  expose  t:     ?     rament  to  any  danger  of  mil. 
for  to  seen  ^rmally  entire  confession  !.-  suffiei 

and  of  th  >  doul 

Th.~  .  ?t.  Thon  \  Sentent 

5t.  Bonaventu 
aardir.      Lugo,  -  .lman*  nd  the 

number  o:  _       -        .        _    the  more 

rec  ..e  common  doctrine:       ::.pare  Gury  and  the 

:  :-book.   among  whom   Bailer! ni  is 

r  of  this  opini  .!!-:.  Lehmkuhl,  Aertj 

_     3  mar,  Ken:  Prm* 

le  to  mention  these  circumstan 

— 


CONFESSION     OF    TBE    CIRCUMSfAA     WS    Ot     SINS      1.*.' 

{a)  When  they  affect  the  jurisdiction  of  the  confessor,  as  in 
the  case  of  a  censure  or  reservation.  It'  one  has  struck  a  cleric, 
for  instance,  it  should  be  mentioned  whether  the  assault  was 
Dotorious  or  not :  in  the  former  case  it  would  be  reserved  to  the 
Pope,  in  the  latter  to  the  bishop;  also  if  tin1  person  struck  were 
a  cardinal,  a  bishop,  apostolic  nuncio,  or  other  cleric,  since  the 
excommunication  is  reserved  in  a  special  manner  to  tin1  Pope. 

(6)  When  they  affecl  the  character,  in  law  or  justice,  of  im- 
portant acts,  as  espousals,  various  contracts,  restitution,  etc. 
in  order  that  the  penitent  may  receive  proper  instruction;  this 
is  most  important  in  cases  oi  theft. 

(c)  When,  finally,  the  confessor  without  a  knowledge  of  these 
circumstances  is  unable  to  direct  his  penitent  as  required  for  his 
salvation. 

Since  these  circumstances  must  be  confessed,  not  because  they 
are  circumstantice  notabiliter  aggravantes,  but  on  the  grounds 
alleged,  the  confessor  has  a  right  to  question  about  them  and 
the  penitent  is  obliged  to  answer  as  we  have  already  observed. 

Moreover,  the  faithful  usually  add  these  circumstances  in 
confession  because  it  give-;  greater  peace  of  heart  and  more 
abundant  fruit:  besides,  a  better  and  safer  guidance1  is  thus 
secured  and  an  opportunity  of  practicing  humility. 

A-  to  the  utility  and  advisability  of  confessing  circumstances 
all  theologians  agree  in  making  an  exception  with  regard  to  sin- 
against  the  sixth  commandment  :  for  beyond  what  is  necessary 
to  determine  the  species  of  the  sin  the  confessor  ought  not  to 
ask  the  penitent  any  further  question  nor  allow  him  to  make 
any  further  statement.  Even  with  regard  to  the  species  theo- 
logians all  teach  with  one  accord  that  in  so  dangerous  a  matter 
where  scandal  may  so  easily  be  given  one  may  at  times  refrain 
from  inquiring  into  the  species.'14 

Cedreno  gives  useful  advice  for  the  confession  oi  the  circum- 

i  rury-Ballerini,  1.  c.  n.  is l .  notac. 


180  THE    RECIPIENT    OF   PENANCE 

stances  attending  sin:  "If  the  person  with  whom  you  have 
sinned,  the  place  where  the  sin  was  committed,  or  the  manner 
of  its  accomplishment,  or  any  other  detail,  gives  you  special 
remorse,  then  mention  that  point,  for  it  will  then  be  the  con- 
fessor's duty  to  decide  from  these  indications  how  far  they  affect 
the  species  of  the  sin  or  only  increase  its  gravity." 

25.   The  Confession  of  Doubtful  Sins. 

There  are  three  points  of  view  from  which  a  sin  may  be  re- 
garded as  doubtful :  — - 

1.  With  regard  to  the  existence  of  the  sinful  action,  as 
when  a  man  doubts  whether  he  really  committed  the  action. 

2.  With  regard  to  the  quality  of  the  sin,  as  when  a  man  knows 
he  has  sinned,  but  doubts  whether  it  is  a  mortal  or  a  venial  sin. 

3.  With  regard  to  the  confession  of  a  sin,  as  when  a  man 
knows  he  sinned  grievously  but  doubts  whether  he  ever  con- 
fessed his  sin. 

The  doubt  may  be  positive  or  negative.  A  negative  doubt 
exists  when  no  solid  reason  can  be  given  either  pro  or  con,  but 
only  insignificant  arguments  for  both  sides,  so  that  no  decision 
can  be  arrived  at.  A  positive  doubt  exists  where  two  contra- 
dictory propositions  have  each  solid  reasons  in  their  support. 

Armed  with  these  premises  we  are  now  in  a  position  to  set 
forth  the  doctrine  with  regard  to  the  confession  of  doubtful  sins. 

I.  A  sin  need  not  be  confessed  when  there  is  no  positive  reason 
to  suspect  its  existence  or  gravity,  or  when  there  is  positive 
ground  against  believing  its  existence  or  gravity,  even  where 
there  is  a  solid  reason  on  the  other  side.  In  other  words,  a  sin 
negatively  doubtful  from  both  points  of  view,  or  positively 
doubtful  from  both  points  of  view,  or  negatively  doubtful  on 
the  side  affirming  guilt  is  not  necessary  matter  of  confession; 
but  a  sin  positively  doubtful  on  the  side  affirming  guilt  and  only 
negatively  doubtful  on  the  side  denying  guilt,  must  be  con- 
fessed. 


THE    CONFESSION    OF   DOUBTFUL    SINS  181 

With  the  exception  of  a  few  rigorists,  theologians  are  unani- 
mous in  teaching  that  a  sin  positively  doubtful  from  both  sides 
need  not  be  confessed ;  for  if  there  is  a  dubium  facti  which  estab- 
lishes the  obligation  of  a  law,  liberty  is  in  possession,  i.e.  there 
is  no  obligation.  But  in  our  case  the  fact  of  the  sin  is  doubtful, 
thus  we  are  not  obliged  to  confess  it.  Moreover,  when  the 
existence  of  a  law  is  doubtful  we  are  not  bound  by  it ;  but  the 
law  of  confessing  doubtful  sins  is  uncertain ;  hence  we  are  not 
bound  by  it. 

If,  however,  a  man  in  danger  of  death  doubted  whether  he 
had  committed  a  grievous  sin,  knowing  that  he  had  never  been 
to  confession  since  that  doubtful  act,  he  would  be  obliged,  in 
order  to  avoid  the  risk  of  damnation,  not  indeed  to  confess  that 
sin,  but  either  to  receive  the  Sacrament  of  Penance,  in  which  he 
confesses  other  sins,  that  thus  he  might  receive  at  least  indirect 
absolution  if  his  doubtful  sins  were  really  mortal,  or  he  should 
at  least  make  an  act  of  perfect  contrition.  In  such  a  case  the 
act  of  perfect  contrition  sine  voto  confttendi  would  be  sufficient, 
since  no  obligation  binds  him  to  confess  the  peccata  dubia.™  So 
much  for  sins  which  are  positively  doubtful  on  both  sides. 

If,  however,  a  very  strong  argument  affirms  our  guilt  with 
only  very  slight  reason  to  deny  it,  we  are  obliged,  according 
to  the  unanimous  teaching  of  theologians,  to  confess  those 
doubtful  sins,  for  in  such  a  case  the  conviction  of  our  inno- 
cence does  not  rest  on  solid  grounds.  Of  course  our  guilt  is  not 
conclusively  proved ;  but  in  these  things  where  evidence  is 
often  wanting  we  must  be  led  by  principles  of  sound  moral 
certainty,  even  when  they  are  unfavorable  to  us,  since  confes- 
sion is  not  only  a  burden,  but  a  Sacrament,  and  as  such  a 
means   for   greater   sanctification.60     In   this   case   one   cannot 

66  S.  Alph.  1.  c.  n.  473  and  II.  A.  n.  30;  Mazzotta,  1.  c.  Tract.  VI.  Disp.  1. 
Q.  IV.  de  Conf.  cp.  4.  Cf.  Ballerini,  Op.  Theol.  Mor.  1.  c.  (de  peccatis 
dubiis)  n.  374. 

66  Cf.  Lugo,  Disp.  16,  n.  58. 


182  THE    RECIPIENT    OF    PENANCE 

argue  that  in  dubio  facti  (and  this  undoubtedly  exists)  the  oppos- 
ing arguments  cancel  one  another,  as  might  two  opposing  wit- 
nesses; for  this  only  takes  place  when  the  two  arguments  are 
of  the  same  kind  and  quite  similar,  as  in  the  case  of  two  opposing 
eye-witnesses,  when  it  is  certain  that  one  of  the  two  is  mistaken 
and  neither  can  be  believed  since  it  is  not  known  where  the  mis- 
take lies.  It  is  quite  different,  however,  when  the  opposing 
reasons  are  of  distinct  classes  and  unlike,  as  in  the  case  of  two 
witnesses  who  do  not  recount  what  they  themselves  have  seen, 
but  bear  witness  to  various  conjectures  pro  and  con;  then  they 
both  deserve  reasonable  attention,  since  the  conjectures  on  either 
side  rest  on  different  motives. 

If  a  penitent  doubts  positively  whether  he  has  sinned  in  some 
action,  and  it  is  probable  that  advertence  or  consent,  etc.,  was 
wanting,  or  that  full  deliberation  or  consent  was  absent,  he  is 
not  obliged  to  accuse  himself  of  this  action  in  confession. 

On  the  other  hand,  theologians  are  not  so  clear  as  to  the  obli- 
gation of  confessing  sins  which  are  doubtful  dubio  negativo  pro 
utraque  parte.  The  older  theologians,  among  whom  St.  Thomas 
and  other  eminent  doctors  are  to  be  found  (Sanchez  enumerates 
forty),  insist  on  the  duty  of  confessing  this  class  of  doubtful 
sins.  This  opinion  is  founded  on  the  decree  of  the  Council  of 
Trent  declaring  that  all  grave  sins  quorum  conscientiam  habent 
(sc.  pecnitentes)  must  be  confessed;  thus  the  penitent  must  con- 
fess the  sins  as  they  are  in  themselves,  those  which  are  certain 
as  certain  and  those  which  are  doubtful  as  doubtful.  This  is 
the  general  and  constant  practice  of  the  faithful,  and  by  that 
fact  we  may  consider  it  as  proceeding  from  Christ's  institution.67 

Other  theologians,  of  no  small  weight  both  by  their  number 
and  authority,  do  not  impose  the  obligation  of  confessing  these 
doubtful  sins.  St.  Alphonsus  also  defended  this  view  in  a  very 
convincing  manner  on  internal  grounds.     The  Council  of  Trent 


67 


Compare  in  particular  Sanchez,  Suarez,  Lugo,  Laymann,  Sporer,  etc. 


THE    CONFESSION    OF    DOUBTFUL    SINS  183 

hinds  penitents  only  to  reveal  those  sins  quorum  conscientia??! 
habent;  it  says  nothing  about  uii  sunt  in  conscientia,  or  telling 
undoubted  sins  as  certain  and  doubtful  as  doubtful,  but  only 
quorum  conscientiam  habent,  which  means  those  of  which  they 
have  certain  knowledge;  for,  according  to  St.  Bernard,  con- 
scientia  is  nothing  more  than  coixlis  scientia  and  judicium  practi- 
cum  on  the  sins  incurred.  Now  doubtful  knowledge  is  neither 
knowledge  (scientia)  nor  a  judgment  (judicium),  but  a  suspensio 
judicii;  hence  no  one  can  have  a  conscientia  peccati  who  has  no 
proof  that  he  has  incurred  sin.  This  is  the  answer  to  the  argu- 
ments of  the  first  opinion.  Weight  is  added  to  this  answer  by 
the  very  words  of  the  same  Council:  "It  is  well  known  that  in 
the  Church  of  God  nothing  more  is  demanded  of  the  penitents 
but  that  each  one  after  diligent  examination  .  .  .  confess  those 
sins  by  which  he  is  conscious  to  himself  of  having  grievously 
offended  his  Lord  and  God;  the  remaining  sins,  however,  which 
do  not  occur  to  him  after  diligent  examination  are  considered 
as  included  generally  in  the  same  confession."  Since,  therefore, 
concludes  the  holy  Doctor,  the  penitent  is  not  bound  to  confess 
his  venial  sins,  he  is  not  bound  to  confess  the  doubtful  ones, 
for  the  Council  says  he  is  not  obliged  to  confess  any  but  the 
mortal  sins  of  which  he  has  knowledge;  but  to  doubt  is  not 
"to  have  knowledge,"  it  is  rather  "to  be  wanting  in  knowledge." 
Moreover,  an  onus  certum  ought  not  to  be  inflicted  for  a  delictum 
dubium,  and  in  the  doubt  whether  the  law  exists  there  is  no  obli- 
gation to  observe  the  law.  Finally,  he  who  doubts  without 
good  foundation  should  not  heed  the  doubt.  The  faithful,  it 
is  true,  do  confess  these  doubtful  sins  in  order  to  gain  peace  and 
ease  of  conscience,  but  not  because  they  are  bound  to  do  so ;  it 
is  also  customary  and  general  for  them  to  confess  those  which 
are  positively  dubious,  and  no  one  holds  that  this  is  of  obliga- 
tion, not  even  our  opponents. 

The  grounds  for  this  opinion,  and  the  objections  to  the  oppo- 
site view,  are  so  convincing  that  it  may  be  regarded  as  the  more 


184  THE    RECIPIENT    OF    PENANCE 

probable  and  be  followed  tuta  conscientia.6*  The  following  objec- 
tion has  no  weight.  Since  confession  is  a  necessary  means  for 
salvation,  and  since  in  such  a  case  a  man  must  take  the  safer 
means  rather  than  trust  to  a  probable  opinion,  he  is  thus  obliged 
to  confess  peccata  dubia.  A  distinction  must  be  made.  The 
Sacrament  of  Penance,  and  particularly  the  absolution  in  which 
its  efficacy  for  the  most  part  consists,  may  certainly  be  called 
a  necessary  means  for  salvation  in  re  vel  in  voto  with  regard  to 
those  who  have  committed  mortal  sin  after  Baptism;  besides, 
if  a  man  doubt  whether  he  has  sinned  grievously,  either  perfect 
contrition  or  absolution  are  necessary,  and  for  that  reason  con- 
fession also  in  so  far  as  this  is  required  to  obtain  valid  abso- 
lution or  sanctifying  grace  through  the  absolution;  but  the 
integrity  of  confession  can  be  regarded  as  necessary  only  in  so 
far  as  it  is  proved  to  be  the  prescribed  means  of  obtaining 
absolution  licite  et  valide.  The  proof,  however,  for  the  necessity 
of  confessing  doubtful  sins  is  so  little  substantiated  that,  as 
we  have  shown,  the  very  opposite  is  proved  from  the  words  of 
the  Council  and  the  explanation  of  St.  Alphonsus.69 

When  one  considers  the  teaching  of  those  older  theologians 
who  maintained  the  necessity  of  confessing  mortalia  negative 
dubia,  it  is  not  difficult  to  see  that,  while  their  mode  of  expression 
comprises  more,  yet,  they  really  meant  to  say  that  a  penitent  is 
not  to  consider  himself  free  from  all  obligation  of  confessing  his 
sin  for  some  paltry  reason  which  is  in  his  favor,  though  knowing 
at  the  same  time  that  there  are  weighty  reasons  to  be  urged 
against  him  and  his  freedom  from  mortal  sin.70 

68  Nearly  all  the  later  theologians  hold  this  doctrine.  Ballerini  (Not.  ad 
Gury  et  Op.  Theol.  Mor.  1.  c.  n.  377)  calls  the  opinion  that  one  is  obliged  to 
confess  peccata  dubia  downright  false.  Cf.  Miiller,  1.  c.  Sect.  121 ;  Lehinknhl, 
1.  c.  n.  317;  Gury,  1.  c.  n.  477;  Marc,  1.  c.  Tract.  V.  De  Pcenit.  Diss.  II.  cp. 
IT.  art.  II.  Sect.  1,  n.  1695,  etc. 

69  Lehmkuhl,  1.  c.  n.  317. 

70  Cf.  Lehmkuhl,  1.  c. ;  Mazzotta,  1.  c.  De  oris  confessione,  cp.  4.  St.  Al- 
phonsus  declares  very  precisely  that  St.  Thomas'  doctrine  on  this  matter  is 


THE    CONFESSION    OF    DOUBTFUL    SINS  185 

From  this  teaching  it  follows  that  he  who  has  a  negative 
doubt  as  to  whether  he  sinned  is  not  stride  loquendo  obliged  to 
confess  before  communicating;  but  in  order  to  make  sun1  of 
the  required  dispositions  he  ought  either  to  make  an  act  of  per- 
fect contrition  or  receive  sacramental  absolution  after  confessing 
something  which  is  included  under  materia  certa.71 

For  the  rest  it  is  in  practice  generally  recommended  to  the 
faithful,  in  order  to  secure  peace  of  soul,  to  mention  even  their 
doubtful  mortal  sins,  though  there  is  no  obligation  to  do  so,  and 
the  confession  without  the  accusation  of  these  sins  is  complete; 
they  must,  however,  be  instructed  to  confess  these  sins  as  doubt- 
ful and  not  as  certain.  If  a  penitent  have  only  sins  of  this  sort 
to  accuse  himself  of,  he  has  a  right  to  conditional  absolution 
on  the  first  accusation  of  them.  It  is  better,  however,  to  add 
other  certain  matter  as  the  sins  of  one's  past  life ;  this  is  required 
if  the  absolution  is  to  be  unconditional. 

In  practice  the  following  rules  might  be  profitably  observed :  — 

1.  If  there  be  a  doubt  as  to  whether  the  matter  of  a  sin  be 
grave,  ill-instructed  penitents  (pamitentes  rudes)  should  confess 
their  doubts  because  (a)  they  cannot  guide  their  own  consciences, 
or  they  do  so  with  great  difficulty,  and  because  (b)  for  the  most 
part  they  do  not  know  how  to  distinguish  between  mortal  and 
venial  sin.  Exception,  of  course,  is  made  for  the  scrupulous  who 
are  not  in  the  habit  of  frequently  committing  mortal  sin.  Well- 
instructed  penitents  are  certainly  not  obliged  to  confess  doubt- 


not  against  us  :  "  He  does  not  speak  of  a  penitent  who  after  diligent  exam- 
ination of  conscience  comes  to  the  conclusion  that  his  sin  is  doubtfully 
mortal  and  then  lays  aside  his  doubt  in  accordance  with  the  rule  that  there 
is  no  certain  obligation  where  it  is  question  of  a  doubtful  transgression;  he 
is  rather  considering  the  case  of  the  penitent  who  is  certain  that  he  has  per- 
formed a  sinful  act  but  cannot  decide  whether  it  was  gravely  sinful  or  not ; 
such  a  penitent  is,  of  course,  obliged  to  take  pains  to  remove  the  doubt,  and 
if  he  cannot  settle  he  must  submit  it  to  the  judgment  of  his  confessor,  whose 
office  it  is  to  distinguish  between  sin  and  sin."  S.  Alph.  1.  c.  n.  474  (fin.). 
71  S.  Alph.  1.  c.  n.  475. 


186  THE    RECIPIENT    OF    PENANCE 

fill  mortal  sins,  since  they  are  in  a  position  to  guide  their  own 
consciences;  yet  they  are  advised  to  do  so,  for  then  their  con- 
fessor is  informed  of  the  dangers  to  winch  his  penitent  is  exposed 
and  can  warn,  instruct,  and  free  him  from  them. 

2.  If  the  doubt  turns  on  the  free  consent  of  the  will  or  full 
advertence,  (a)  penitents  of  timorous  consciences,  who  do  not 
ordinarily  sin  mortally,  are  in  no  way  obliged  to  confess  doubtful 
sins,  for  the  presumption  is  in  their  favor:  ex  communiter  con- 
tingentibus  fit  prudens  prcESumptio.  Since  they  are  not  in  the 
habit  of  sinning  mortally,  it  is  fair  to  presume  that  their  doubt- 
ful sins  are  not  mortal;  indeed  they  ought  not  infrequently  to 
be  deterred  from  confessing  them  if  they  are  inclined  to  scrupu- 
losity. "  A  man  of  approved  virtue  who  is  worried  as  to  whether 
he  has  consented  to  an  impure  temptation  may  be  morally  cer- 
tain that  he  has  not  consented;  for  it  is  morally  impossible  that 
a  will  so  constant  in  good  resolutions  should  change  without 
giving  unmistakable  signs."  n  (b)  Penitents  who,  though  not 
timorous,  are  not  lax  are  certainly  not  obliged  to  confess  a  doubt- 
ful consent,  though  they  may  be  advised  to  do  so  to  secure  peace 
of  conscience  and  the  other  benefits  which  follow  from  the  prac- 
tice, (c)  If,  however,  the  penitent  has  a  lax  conscience,  he  is 
obliged  to  confess  his  doubtful  sins,  for  the  presumption  is 
against  him.73 

If,  then,  a  pious  person  who  often  renews  his  resolution  never 
to  sin  mortally  is  not  certain  that  he  has  ever  revoked  that 
resolution;  if  he  is  startled  when  he  perceives  the  evil  and 
promptly  repels  the  temptation,  and  doubts  whether  he  has 
given  way;  if  he  remembers  that  he  was  in  an  excited  state  of 
mind;  if  he  cannot  tell  whether  the  thought  or  action  took 
place  in  sleep  or  in  waking  moments,  the  presumption  is  that 
there  was  no  full  consent. 

The  presumption,  however,  is  against  those  who  are  accus- 

72  Habert,  t.  3  de  consc.     Cf.  S.  Alph.  1.  c.  n.  476. 

73  Cf.  S.  Alph.  1.  c.  n.  476;  Reuter,  1.  c.  P.  IV.  n.  306  ss. 


Tlll<;    CONFESSION     OF    DOUBTFUL    SINS  187 

tomed  to  fall  easily  into  grave  sin;  had  they  withstood  the 
temptation  they  would  remember  what  effort  they  made  to 
overcome  it.  Hence  Lacroix  74  very  justly  concludes  that  such 
people  never  have  a  real  negative  doubt,  since  the  presumption 
determines  the  probability  of  consent  or  resistance  to  the  temp- 
tation. 

Now  comes  the  question  as  to  what  the  penitent  ought  to  do 
who  has  confessed  a  mortal  sin  as  doubtful  and  afterwards 
discovers  that  he  has  certainly  committed  it;  is  he  obliged  to 
confess  the  sin  anew  or  may  he  consider  the  case  closed?  The 
sin  has  undoubtedly  been  remitted  directly  by  the  power  of  the 
keys,  since  the  conditional  sentence  "if  thou  hast  really  sinned" 
becomes  absolute  where  the  condition  has  been  verified.  St. 
Alphonsus  75  teaches  that  sins  confessed  as  doubtful  should  be 
mentioned  again  as  certain  if  it  turns  out  that  they  are  certain ; 
and  this  doctrine  he  affirms  to  be  the  common  opinion.  The 
defenders  of  this  view  maintain  as  their  great  argument  that  the 
sin  was  not  confessed  as  it  was  in  the  conscience  at  the  moment 
when  it  was  committed;  then  it  was  a  peccatum  certum;  more- 
over, they  argue,  the  sentence  passed  on  a  doubtful  sin  is 
quite  different  from  that  passed  on  a  sin  which  is  certain.  Yet 
in  the  case  of  sins  which  have  been  confessed  in  round  numbers 
St.  Alphonsus  himself  teaches  that  even  when  the  penitent 
afterwards  recalls  the  exact  number,  he  is  not  obliged  to  confess 
again;  why,  then,  should  this  obligation  be  imposed  on  the 
penitent  who  has  confessed  his  sin  as  doubtful  when  he  discovers 
later  that  it  was  certain?  A  man  who  has  confessed  that  he 
has  committed  a  mortal  sin  about  ten  times  and  later  discovers 
that  the  number  was  twelve  must  either  confess  as  certain  the 
two  or  more  sins  which  were  previously  confessed  as  doubtful, 
or,  if  this  obligation  is  denied,  he  cannot  be  obliged  to  confess 
a  sin  again  which  he  has  discovered  to  be  certain  after  having 

74  Cf.  Lacroix,  1.  c.  Lib.  VI.  P.  2,  n.  612 ;  S.  Alph.  1.  c.  n.  476. 
»«  S.  Alph.  1.  c.  n.  478.     Cf.  H.  A.  De  Sacr.  Poanit.  cp.  3,  n.  34. 


188  THE    RECIPIENT    OF    PENANCE 

already  confessed  it  as  doubtful.  That  in  the  first  instance  the 
penitent  is  free  of  all  obligation  to  confess  again,  is  the  sententia 
communissima,  and  it  is  borne  out  by  the  practice  of  the  faith- 
ful ;  hence  in  the  other  case  the  same  freedom  must  be  granted, 
for  both  decisions  rest  on  the  same  grounds.  Nor  can  it  be 
objected  that  the  number  of  the  sins  is  merely  a  circumstance, 
while  the  sin  itself  is  a  substantial  fact,  for  the  number  belongs 
to  the  very  substance,  since  it  indicates  so  many  substantial 
acts.76 

It  is  true  that  St.  Alphonsus  calls  the  affirmative  opinion 
communis;  but  since  Lugo  (though  even  he  gave  his  adhesion 
practically  to  the  view  of  St.  Alphonsus  in  consideration  of  the 
great  number  of  theologians  who  favored  it)  has  combated  the 
view  with  strong  arguments,  later  theologians  adopted  his  side, 
so  that  the  affirmative  proposition  maintaining  the  duty  of 
confessing  again  can  no  longer  be  considered  as  communis.  At 
present,  as  Ballerini  aptly  shows,  the  other  view  is  the  com- 
munior  sententia  and  is  established  on  good  external  and  internal 
probability,  and  may  be  unhesitatingly  considered  as  -probabilior 
et  communior.17 

II.  If  a  man  is  certain  that  he  has  committed  a  grave  sin  but 
doubts  upon  slight  grounds  whether  he  has  confessed  it,  he  must 
accuse  himself  of  it;  but  if  he  has  a  sufficient  probability  that 
it  has  been  confessed,  he  is  under  no  obligation. 

In  this  case  some  positive  reason  is  required  to  show  that  he 
has  complied  with  the  obligation  of  confessing  the  sin,  for  an 
undoubted  command  is  not  satisfied  by  a  doubtful  fulfilment; 
but  where  there  is  really  good  reason  to  suppose  that  the  sin 
has  been  confessed,  that  is,  a  reason  which,  though  open  to 

76  Lugo,  1.  c.  Disput.  16,  n.  52,  n.  87,  n.  78. 

77  Cf.  Ballerini,  Notse  ad  Gury,  1.  c.  n.  480,  and  Op.  Theol.  Mor.  1.  c.  n. 
380  ss.;  Lehmkuhl,  1.  c.  n.  318;  Aertnys,  1.  c.  Lib.  VI.  Tract.  V.  P.  II.  cp. 
3,  art.  3,  n.  193,  Q.  1 ;  Midler,  1.  c.  Lib.  III.  T.  II.  Sect.  121,  is  wrong  in  call- 
ing the  affirmative  opinion  communissima  et  rem. 


THE    CONFESSION    OF   DOUBTFUL    SINS  189 

some  doubts,  offers  some  probability,  the  obligation  may,  in 
accordance  with  the  principles  of  probability,  be  regarded  as 
not  binding.  "For  if  we  are  to  avoid  making  laws  and  duties 
odious,  we  ought  to  concede  something  to  human  probability 
taken  in  a  broad  sense;  thus  presumption  in  a  case  of  this  kind 
often  presents  proof  of  sufficient  probability  and  security."78 

Hence  a  man  who  is  accustomed  to  make  his  confessions  with 
care,  and  later  on  is  unable  to  remember  whether  he  has  con- 
fessed this  or  that  sin,  may  presume  that  he  has  confessed  it, 
and  he  is  not  obliged  to  confess  it  again.  This  is  the  teaching 
of  many  eminent  theologians.79  Although  St.  Alphonsus  af- 
firms that  a  man  is  obliged  to  mention  again  a  sin  which  has 
probably  been  already  confessed,  •  he  does  not  condemn  the 
contrary  opinion.  If,  again,  a  man  who  has  been  converted 
from  a  habit  of  sin,  and  for  a  long  period  has  been  leading  a 
good  life,  begins  to  doubt  whether,  in  the  confessions  either 
general  or  particular  which  have  been  made  with  suitable  care, 
some  sin  or  circumstance  has  been  withheld,  he  may  be  forbidden 
to  mention  that  sin  or  circumstance,  or  even  to  think  of  the  past 
at  all.  Finally,  scrupulous  people  ought  only  to  confess  their 
past  sins  when  they  are  quite  certain  that  they  have  never  con- 
fessed them;   this  is  the  sententia  communissima.80 

78  Lehmkuhl,  1.  c.  n.  310.  Cf.  Aertnys:  In  praxi,  prcesumptio  amotet  dubi- 
tationem ;  Ballerini,  Op.  Theol.  Mor.  1.  c.  n.  :>7!). 

79  Suarez,  Bonacina,  Lugo,  Salmanticenses,  Lacroix,  etc. 

80  S.  Alph.  1.  c.  n.  477.  Tims  the  holy  Doctor  does  not  express  a  general 
obligation  of  confessing  the  sins  in  this  case.  In  the  Qucest.  rec.  reform,  n. 
16  he  appeals  from  Suarez,  Lugo,  etc.,  to  Concilia,  who,  along  with  others, 
teaches  the  obligation  of  confession  cum  dubia  sit  confessio  et  certa  sit  con- 
fessionis  obligatio  (see  Vindicice  Alphonsionce).  Meanwhile,  as  Ballerini 
shows,  St.  Alphonsus  in  the  Roman  edition  of  his  Moral  Theology  of  the 
year  1757,  which  is  dedicated  to  Benedict  XIV,  releases  the  penitent  from 
the  obligation  of  repeating  the  confession  ut  etiam  communiter  dicunt  Suan  :. 
Sanchez.  Lugo,  etc.,  etc.  And  Lugo  writes  (I)e  Poenit.  Disp.  16,  n.  58)  : 
Communiter  docent  omnes  non  teneri  (quempiam)  ad  confitendum  illud  (pecca- 
tuiii)  quod  probabiliter  judicat  se  .  .  .  confess  urn  Jam  fuisse.  Cf.  n.  59,  where 
the  same  subject  is  treated  of:  nihil  frequentius  apud  theologos,  etc.     Hence 


190  THE    RECIPIENT    OF    PENANCE 

On  the  whole  it  is  recommended  in  practice  to  mention  doubt- 
fully confessed  sins,  because  their  confession  helps  much  to  peace 
of  soul  and  allays  all  anxieties. 

Quite  distinct  from  the  preceding  question  is  the  case  in  which 
a  man  fully  confesses  as  certain  some  sin  which  he  has  com- 
mitted, but  which  neither  he  nor  the  confessor  considered  at 
the  time  as  a  mortal  sin ;  if  afterwards,  in  consequence  of  better 
instruction  or  advice,  he  discovers  that  the  sin  was  mortal  ex 
genere  suo,  he  is  not  obliged  to  repeat  it,  for  it  was  already  per- 
fectly confessed  and  it  is  not  necessary  for  the  validity  of  con- 
fession that  the  penitent  or  confessor  should  know  that  the 
matter  of  a  sin  is  grave,  and  it  is  the  matter  only  that  is  involved 
in  this  case.81 

III.  The  sins  which  have  been  incurred  after  a  doubtfully 
valid  Baptism  must  be  confessed  when  Baptism  is  given  con- 
ditionally. Lehmkuhl  treats  very  fully  of  this  question  and 
remarks  that  on  this  point  there  can  be  no  doubt  after  the  late 
decisions  of  the  Apostolic  See.  Many  theologians  were  inclined 
to  free  converts  from  the  obligation  of  making  a  confession  of 
their  sins  on  the  ground  that,  their  Baptism  by  a  heretical  min- 
ister being  doubtful,  the  sins  committed  after  Baptism  were 
doubtful  matter  for  confession;  hence  they  thought  that  to 
such  converts,  if  they  confessed  matter  sufficient  in  any  way 
for  receiving  validly  the  Sacrament  or  the  grace  of  sanctification 
through  the  Sacrament,  absolution  might  be  given  conditionally ; 

the  sententia  communis  of  theologians  is  that  within  the  given  limits  there  is 
no  ohligation,  so  that  Ballerini  justly  exclaims:  "Who  would  not  rather 
abide  by  St.  Alphonsus  when  he  follows  those  great  theological  luminaries 
than  when  he  clings  to  Concilia  !  "  "  Ami  has  Concilia  thereby  taught  any- 
thing new?  Indeed,  since  the  whole  question  rests  on  a  general  principle, 
are  we  to  rate  so  low  the  common  teaching  of  such  great  theologians  as  to 
grant  the  privilege  of  clearer  intuition  to  the  judgment  of  the  rigorist  Con- 
cilia?" Ballerini,  Notse  ad  Gury,  1.  c.  n.  479.  Cf.  Op.  Theol.  Mor.  1.  c.  n. 
382  ss. 

81  S.  Alph.  i.  c.  n.  478 ;  Sanchez,  1.  c.  Lib.  I.  c.  10,  n.  69 ;  Suarez,  1.  c,  etc. 
Cf.  Aertnys,  1.  c.  n.  193,  Q.  4. 


THE    CONFESSION    OF    DOUBTFUL    SINS  191 

this,  they  maintained,  was  the  practice  to  be  recommended  in 
order  that  converts  might  not  be  obliged  in  t ho  beginning 
of  their  conversion  to  undergo  this  often  very  severe  ordeal  of 
a  confession  of  a  lifetime. 

In  answer  to  repeated  questions  the  Apostolic  See  (in  the 
years  1715  and  1868)  explicitly  declared  that  converts  who 
receive  conditional  Baptism  must  after  receiving  this  conditional 
Baptism  confess  the  sins  of  their  past  life  and  be  absolved  from 
them  sub  conditione.  This  decision  was  given  of  course  as  an 
answer  to  a  particular  case  laid  before  the  tribunal;  but  the 
intention  of  the  Holy  Office,  as  is  quite  clear,  was  to  pass  a  sen- 
tence and  give  a  universal  decision  which  might  apply  to  all 
cases  falling  under  this  head  and  which  might  be  regarded  in 
future  as  the  law  on  the  matter,  for  this  decree  can  be  regarded 
only  as  an  authentic  interpretation  of  the  divine  law  by  the 
Head  of  the  Church,  and  not  as  a  local  law  of  the  Church  or  a 
part  of  her  discipline.  Nor  need  any  one  be  surprised  that  a 
decree,  though  particular  in  form,  has  a  universal  application; 
for  a  command  of  the  Church  will  never  prescribe  anything  as 
necessary  matter  of  confession  which  is  not  in  accordance  with 
the  divine  law.82  In  order,  then,  to  recognize  the  possibility 
that  such  a  precept  is  contained  in  the  decree  of  1715  it  must 
be  granted  that,  in  accordance  with  divine  right,  the  sins  incurred 
after  doubtfully  valid  Baptism  must  be  submitted  to  the  keys. 
Such  is  what  we  learn  from  that  positive  declaration ;  moreover, 
reason  confirms  it,  for,  though  one  who  is  doubtfully  baptized 
has  not  a  certainty  but  only  a  probability  of  receiving  sacra- 
mental absolution  of  his  sins,  it  in  no  way  follows  that  the 
obligation  to  confess  them  is  only  probable  and  practically  to 
be  disregarded;  for  the  duty  of  confessing  and  performing  the 
assigned  penance  is  for  all  more  certain  than  that  probability 
of  receiving  the  effects  of  the  Sacrament.     This  does  not  go 

"2  Cf.  S.  Antonin.  Surnnia,  P.  III.  Tit.  14,  c.  19,  §  14. 


192  THE    RECIPIENT    OF    PENANCE 

beyond  a  moral  certainty  taken  in  the  wider  sense,  since  it  rests 
ultimately  on  the  validity  of  the  Baptism  and  other  conditions, 
so  that  doubts  can  always  be  entertained  about  it.  But  the 
duty  of  confessing  and  performing  the  assigned  penance  permits 
no  such  doubt,  since  every  obligation  though  it  be  based  on 
grounds  only  morally  certain  is  sufficiently  evident;  otherwise 
there  would  be  an  end  of  anything  like  obligation  in  human 
affairs. 

Now  with  regard  to  confession  and  absolution  of  sins  in  the 
tribunal  of  penance  Christ  has  handed  over  all  power  to  the 
jurisdiction  of  the  Church,  and  it  is  by  Baptism  that  men  come 
under  this  jurisdiction;  this  is  the  external  rite  by  which  men 
are  admitted  as  members.  But  no  one  doubts  that  a  man 
remains  subject  to  the  jurisdiction  of  a  social  body  into  which 
he  has  been  admitted  by  the  acknowledged  external  rites  till 
that  reception  is  proved  to  be  invalid.  All,  therefore,  who  have 
in  any  way  received  Baptism  (which  they  were  desirous  of  re- 
ceiving validly,  though  its  validity  admits  of  doubt)  are  as  a 
general  rule  undeniably  and  certainly  subject  to  the  Church's 
jurisdiction  and  laws  and  are  bound  to  comply  with  the  divine 
precept  which  ordains  that  their  sins  should  be  told  in  confession 
and  sentence  passed  upon  them.  In  other  words,  the  doubt 
with  regard  to  Baptism  has  this  effect,  that  the  Baptism  can  be 
regarded  as  invalid  in  the  sense  that  it  can  and  ought  to  be 
repeated  conditionally  lest  the  man  should  risk  his  eternal  sal- 
vation, but  nowise  in  the  sense  that  one  who  is  doubtfully  bap- 
tized may  consider  himself  free  from  the  observance  of  these 
precepts  and  obligations  which  are  binding  on  the  baptized  by 
the  ordinance  of  God  or  the  Church;  among  these  duties  the 
precept  of  confessing  sins  holds  the  principal  place.83 

83  Cf.  Lehmk'uhl,  1.  c.  n.  321  ss. ;  Aertnys,  1.  c.  De  Poenitent.  Art,  III 
Confessio,  n.  1*7.  Q.  ],  and  Acta  S.  Sedis,  Vol.  4,  ]>.  320.  Cf.  the  note  of 
Fr.  Haringer,  C.SS.R.,  to  St.  Alphonsus'  Moral  Theology,  Lib.  VI.  Tract. 
IV.  De  Pcenit.  n.  488:  AYilmers,Lehrbuch  der  Religion,  Fourth  Edition, 
1886,  Vol.  IV.  §  74,  p.  074. 


SINS    OMITTED     WITHOUT    FAULT  193 

As  to  the  ceremonies  to  bo  observed  in  receiving  a  convert 
into  the  Church,  there  is  nothing  to  prevent  the  confession  being 
made  first,  followed  by  the  conditional  Baptism,  then  a  summary 
repetition  of  the  accusation  along  with  an  act  of  contrition  and 
the  conditional  absolution.  This  order  is  allowed  by  the  Holy 
Office  in  a  Rescript  of  November,  1875.  The  American  Ritual, 
on  the  other  hand,  gives  the  following  order:  1.  Renunciation 
of  heresy  and  profession  of  faith;  2.  Conditional  Baptism; 
3.  Confession  with  conditional  absolution.  This  order  was  pre- 
scribed by  the  instruction  of  the  Holy  Office  for  North  America.84 

26.   Sins  Omitted  through  Forgetfulness  or  other  Causes  not 

Blameworthy. 

In  order  that  the  principles  to  be  applied  here  may  be  under- 
stood, it  must  first  be  observed  that  all  grievous  sins  committed 
after  Baptism  must  be  confessed ;  hence  what  has  been  said  of 
the  material  and  formal  integrity  of  confession  as  well  as  upon 
the  distinction  between  sins  directly  and  indirectly  remitted 
must  be  carefully  borne  in  mind. 

Since  the  formal  or  subjective  integrity  of  confession  consists 
in  this,  that  all  mortal  sins  are  mentioned  which  the  penitent 
can  recall  after  a  diligent  examination  of  conscience,  and  of 
which  the  enumeration  is  possible  hie  et  nunc,  it  does  not  suffer 
by  inculpable  forgetfulness  on  the  part  of  the  penitent ;  and  the 
same  holds  true  of  all  other  legitimate  reasons  which  at  any 
time  excuse  the  penitent  from  objective  integrity.85 

Sins  which  are  required  for  objective  though  not  for  subjec- 
tive integrity  are  considered  as  included  in  the  confession  and 
are  really  remitted  by  the  absolution,  not  directly,  however, 
but  only  indirectly. 

Hence  are  derived  the  following  principles :  — 

I.    Mortal  sins  omitted  without  fault  are  and  remain  materia 

84  Cf.  Appendix  ad  Concil.  plen.  Baltiin.  II.  in  Collect.  Luc.  T.  III.  col.  550. 

85  See  §  '2~ . 


194  THE    RECIPIENT    OF    PENANCE 

necessaria  of  confession,  or  the  objective  duty  of  confessing  them 
remains  binding  as  before. 

These  sins  are,  of  course,  really  forgiven,  but,  as  we  have 
already  observed,  only  indirectly  or  per  concomitantiam  through 
their  connection  with  the  other  mortal  sins  which  have  been 
confessed  and  directly  remitted.  In  the  Sacrament  of  Penance 
the  remission  of  sins  is  effected  by  the  absolution;  but  sins 
which  have  not  been  mentioned  do  not  directly  fall  under  the 
absolution  since,  properly  speaking,  they  are  unaffected  by  the 
sentence  pronounced  by  a  judge  who  knew  nothing  about  them. 
Nevertheless  the  absolution  pronounced  rite  et  valide  over  cer- 
tain sins  is  effectual  because  it  is  sacramental  and  because  in 
God's  providence  no  remission  of  sin  takes  place  without  an 
influx  of  sanctifying  grace  into  the  soul  which  presents  no  obex. 
Now  sanctifying  grace  removes  the  whole  reatus  culpce  mortalis 
and  restores  a  man  to  perfect  friendship  with  God  and  to  his 
claim  in  the  heavenly  kingdom.  Thus  valid  absolution  pro- 
duces sanctifying  grace  in  the  soul  and  consequently  the  remis- 
sion of  all  mortal  sins  staining  the  soul,  even  those  inculpably 
forgotten. 

There  remains  now  the  precept  of  Our  Lord  to  submit  all 
mortal  sins  to  the  power  of  the  keys  in  the  Sacrament  of  Pen- 
ance; these  forgotten  sins  have  not  been  confessed  as  yet, 
nor  has  the  priest  pronounced  any  direct  sentence  upon  them. 
Though  these  sins  have  been  remitted  indirectly,  there  still 
remains  the  obligation  ex  jure  divino  of  confessing  them  directly 
to  the  judge  in  the  tribunal  of  penance  when  they  occur  to  the 
mind  again,  not  because  these  sins  have  been  revived,  but  be- 
cause the  neglect  of  God's  command  in  the  matter  would  involve 
a  new  sin.  This  holds  of  all  mortal  sins  inculpably  omitted, 
of  their  species,  of  all  circumstances  changing  the  species,  as 
well  as  of  mortal  sins,  confessed  indeed,  but  to  a  priest  without 
jurisdiction  who  either  bona  fide  or  for  reasonable  motives  gave 
direct  absolution  of  the  sins  for  which  he  had  faculties,  thereby 


SINS    OMITTED     WITHOUT    FAULT  195 

remit  ting  the  others  indirectly.  Hence  Alexander  VII  con- 
demned the  proposition:  "Sins  which  have  been  omitted  in 
confession  either  from  an  imminent  danger  to  life  or  for  any 
other  motive  need  not  be  mentioned  in  the  following  confes- 
sion." (Prop.  XL  damn.)  It  is  different,  however,  in  the  case 
of  reservation  or  censure  for  a  sin  remitted  indirectly  if  confes- 
sion be  made  to  a  priest  equipped  with  the  necessary  faculties; 
for  in  general  absolution  is  given  from  reservation  and  censure, 
and  the  penitent  is  probably  freed  from  the  reservation  or  cen- 
sure attached  to  the  sin  forgotten ;  so  that  if  the  sin  occur  again 
to  his  mind,  he  may  be  directly  absolved  by  any  confessor,  even 
a  confessarius  simplex.™ 

II.  The  obligation  of  confessing  these  forgotten  sins  does  not 
urge  ratione  sui  "as  soon  as  possible"  (qaam  primum),  not  even 
before  receiving  holy  communion. 

Of  course  many  distinguished  theologians  87  teach  that  who- 
ever remembers  a  grave  sin,  even  though  not  committed  since 
the  last  confession  but  forgotten,  must  confess  that  sin  and 
receive  absolution  before  going  to  communion.  The  only  reason 
urged  is  that  he  is  conscious  of  this  sin ;  and,  according  to  the 
Council  of  Trent,  no  one  who  is  conscious  of  grave  sin  may 
receive  communion  before  having  confessed  where  there  is  an 
opportunity  of  making  the  confession.  The  defenders  of  this 
view  maintain  that  the  Tridentine  decree  88  is  so  expounded  and 
understood  by  the  whole  Church ;  they  make  an  exception,  how- 
ever, for  the  case  where  confession  cannot  be  made  without  risk 
of  scandal  or  infamy,  as,  for  example,  when  a  priest  is  already 
celebrating  Mass  or  a  layman  has  approached  the  communion- 
rail  and  cannot  retire  without  exciting  remark. 


it> 


80  Cf.  Mazzotta,  1.  c.  De  Oris  Confess,  cp.  5;  Lehmkuhl,  1.  c.  n.  323  s. ; 
Gury-Baller.  II.  De  Poen.  n.  494  s. 

87  Lugo,  De  Euchar.  n.  120;  Suarez,  Disputat.  66  s.  3;  Lacroix,  n.  539; 
Salmanticenses,  De  Euch.  c.  7,  p.  3,  u.  30,  etc. 


88  Sess.  XIII.  cp.  7. 


196  THE    RECIPIENT    OF    PENANCE 

It  is  permissible,  however,  with  St.  Alphonsus  and  other 
theologians  (in  less  number)  to  follow  the  other  "very  probable 
opinion"  which  denies  the  obligation  of  confessing;  for  in  reality 
confession  has  preceded  communion  and  the  penitent  has  con- 
fessed all  the  sins  of  which  he  was  conscious,  so  that  neither  the 
Council  of  Trent  nor  the  divine  law  seems  to  demand  more; 
moreover,  the  forgotten  sin  has  been  remitted  indirectly,  the 
penitent  is  in  the  state  of  grace,  not  merely  by  an  act  of  contri- 
tion but  in  virtue  of  the  valid  confession.  The  practice  of  the 
faithful  which  is  appealed  to  for  the  opposite  side  is  not  to  be 
regarded  as  of  binding  force,  but  rather  a  pious  and  praiseworthy 
custom. 

Though  one  may  follow  tuta  conscientia  the  opinion  which 
denies  the  obligation,  it  is  good  to  recommend  to  the  faithful  to 
confess  before  communion  the  sins  which  have  been  forgotten, 
unless  the  extremely  sensitive  conscience  of  the  penitent  should 
require  another  course  to  be  adopted;  the  practice  should  not, 
however,  be  imposed  as  binding.89 

The  view  held  by  some,  though  a  very  few,  modern  theo- 
logians, that  it  is  quite  sufficient  to  mention  these  sins  without 
receiving  absolution,  is  not  at  all  in  harmony  with  the  divine 
institution  of  the  Sacrament,  for  confession  is  not  made  with 
the  view  of  acquainting  the  priest  with  the  sins  committed,  but 
in  order  that  they  may  be  remitted  by  his  judicial  sentence. 
Hence  a  serious  argument  for  the  necessity  of  confession  can  be 
drawn  only  from  the  supposition  that  absolution  is  necessary. 
Accordingly  a  penitent  who  confesses  a  new  mortal  sin  immedi- 
ately after  absolution  must  be  absolved  again.  Of  course  this 
absolution  may  be  put  off  to  the  next  confession  if  the  penitent 
comes  again  to  the  same  confessor  to  whom  he  told  the  sin. 
Such  delay,  however,  would  hardly  be  recommended,  since  it 

89  S.  Alph.  1.  c.  Lib.  VI.  Tract.  III.  De  Euchar.  cp.  II.  Dub.  II.  n.  257; 
Lehmkuhl,  1.  c.  n.  325;  Aertnys,  1.  c.  Lib.  VI.  Tract.  IV.  De  Euchar.  Art. 
III.  n.  98,  Q.  II. 


SINS    OMITTED     WITHOUT    FAULT  197 

would  involve  the  penitent  in  the  following  dilemma:  Either 
he  is  not  free  to  choose  his  confessor  on  the  next  occasion  on 
which  he  approaches  the  Sacrament,  or  if  he  goes  to  some  other 
priest  he  must  confess  the  same  sin  again. 

III.  The  duty  of  confessing  sins  inculpably  omitted  musl 
be  fulfilled  either  when  there  is  danger  of  death  or  at  the 
next  confession,  whether  it  be  a  confession  of  duty  or  of 
choice. 

Hence  these  omitted  sins  must  be  confessed,  even  if  no  new 
mortal  sin  has  been  incurred,  ratione  sui  when  there  is  grave 
danger  of  death  and  at  the  time  which  the  Church  prescribes 
for  the  yearly  confession ;  for  the  annual  confession  is  prescribed 
not  only  in  order  to  obtain  sanctifying  grace,  but  also  to  fulfill 
the  divine  law,  more  clearly  defined  by  the  law  of  the  Church. 
In  this  case  the  precept  would  be  binding  under  grave  sin 
because  of  the  presence  of  materia  necessaria,  for  a  mortal  sin 
omitted  even  without  fault  is  materia  necessaria. 

If,  however,  a  confession  be  made  before  that  time,  either  of 
materia  necessaria  or  materia  libera,  the  confession  must  include 
the  previously  omitted  sin.  This  is  so  evident  that  no  theolo- 
gian ever  dreamt  of  disputing  or  doubting  it.  Every  confession 
must  be  complete  subjectively  or  formally,  and  by  the  declara- 
tion of  the  Council  of  Trent  this  confession  is  not  complete  unless 
it  includes  the  sins  previously  omitted.  For  this  subjective 
integrity  it  is  required  that  all  mortal  sins  not  yet  subjected  to 
the  keys  which  occur  to  the  penitent  should  be  confessed  unless 
some  legitimate  obstacle  stands  in  the  way.  If  these  omitted 
sins  are  kept  back  in  the  next  confession  following,  that  con- 
fession is  incomplete  and  sacrilegious.  It  cannot  be  argued  that 
these  sins  had  been  already  indirectly  forgiven,  for,  to  speak 
of  no  other  objection,  the  same  might  be  urged  of  sins  already 
condoned  by  an  act  of  perfect  contrition.90 


90 


Gury-Ballerini,  1.  c.  n.  495;  Lehmkulil,  1.  c.  n.  320. 


198  THE    RECIPIENT    OF    PENANCE 

27.   Reasons  Excusing  from  Complete  Accusation. 

In  the  preceding  paragraph  we  said  that  sins  may  be  omitted 
by  the  penitent  without  the  confession  becoming  sacrilegious. 
As  there  are  reasons  which  can  justify  such  silence1,  and  release 
the  penitent  from  the  obligation  of  confessing  the  sins  of  which 
he  is  conscious,  we  devote  this  paragraph  to  the  consideration 
of  these  reasons. 

I.  No  difficulty  in  the  confession  itself  or  internally  connected 
with  it  ever  excuses  from  making  a  complete  accusation ;  for 
when  Christ  gave  the  precept  that  all  grievous  sins  should  be 
confessed  to  His  representatives  in  the  tribunal  of  penance,  He 
intended  that  we  should  submit  to  the  difficulties  inherent  in 
such  an  accusation  and  bear  them  as  a  penance  for  our  sins, 
and  this  discipline  is  very  wholesome  for  the  penitent. 

A  difficulty  of  this  kind  would  be,  for  instance,  the  great 
shame  felt  in  confessing  a  sin,  even  if  it  came  only  from  the  fact 
of  mentioning  it  to  this  or  that  particular  priest;  the  course  then 
to  be  adopted  is  to  put  off  the  confession,  or  to  go  to  another 
confessor,  or  to  be  brave  and  overcome  the  shame.  This  dif- 
ficulty was  recognized  in  the  Council  of  Trent,  and  hence  it  was 
declared  that  the  difficulty  of  such  a  (perfect  and  candid)  con- 
fession and  the  shame  of  declaring  one's  sins  might  well  seem 
great  obstacles,  but  that  they  were  counterbalanced  by  the 
consolation  and  profit  accruing  to  those  who  received  the  Sac- 
rament worthily.91  The  same  may  be  said  of  the  other  diffi- 
culties, such  as  the  fear  of  losing  the  esteem  of  one's  confessor 
or  of  receiving  a  rebuke  from  him.  If  such  reasons  as  these 
could  be  held  to  justify  a  want  of  integrity  in  the  accusation, 
the  faithful  for  the  most  part  would  consider  themselves  at 
liberty  to  make  incomplete  confessions,  and  the  great  object 
for  which  this  Sacrament  had  been  instituted  would  to  a  great 
extent  be  frustrated.92 

91  Sess.  XIII.  cp.  5. 

92  Cf.  Gury,  1.  c.  n.  197:  Aertnys,  1.  c.  n.  104;  and  Lehmkuhl,  1.  c.  art. 
III.  n.  327. 


SEASONS    EXCUSING    FROM    COMPLETE    ACCUSATION     199 

Likewise,  a  large  gathering  of  penitents  (concursus  magnus 
pocnitentium)  on  the  occasion  of  a  great  feast  or  indulgence  is 
never  a  reason  for  want  of  integrity  in  confession,  for  this  is 
not  a  case  of  necessity  and  it  would  expose  the  priest  to  the  risk 
of  giving  absolution  to  ill-disposed  subjects.  Nor  can  excep- 
tion be  made  to  the  rule  of  integrity  because  people  might  con- 
jecture from  the  time  taken  in  the  confessional  that  the  penitent 
had  committed  very  many  sins.93 

II.  Besides  the  case  of  physical  impossibility,  however,  there 
are  others  which  justify  an  incomplete  avowal  of  sin;  they  are 
in  general  such  external  or  accidental  difficulties  in  connection 
with  the  confession  which  render  a  complete  accusation  mor- 
ally impossible,  or  involve  grave  harm  to  the  penitent  or  the 
confessor.  When  the  impediment  no  longer  exists  the  law  of 
God  comes  again  into  force;  the  moral  impossibility  of  mak- 
ing a  complete  confession  does  not  altogether  cancel  the  duty 
of  making  it,  but  only  suspends  it,  since  the  precept  of  confes- 
sion is  not  one  that  is  confined  to  any  fixed  time  or  state,  but 
extends  over  one's  lifetime;  hence  mortal  sins  which  have  not 
been  confessed  must  be  mentioned  later  when  opportunity 
offers. 

III.  In  order  that  the  excuse  of  moral  impossibility  may  be 
pleaded  it  is  necessary,  1,  that  there  should  be  a  real  or  probable 
risk  of  great  harm;  2,  that  it  is  impossible  to  find  another  con- 
fessor to  whom  a  full  disclosure  may  be  made  without  fear  of 
this  particular  harm;  3,  that  only  those  sins  or  circumstances 
be  kept  back  of  which  the  avowal  would  cause  harm;  and 
finally,  4,  that  the  confession  cannot  be  put  off. 

IV.  Physical  impossibility  might  result  from,  1,  inculpable 
forgetfulness  or  inculpable  ignorance,  or  only  venially  culpable 
ignorance  and  forgetfulness.  A  man  who  is  ignorant  inrinci- 
biliter  et  inculpabilitcr  that  the  particular  act  which  he  calls  to 


93 


S.  Alph.  1.  e.  L.  VL  n.  485. 


200  THE    RECIPIENT    OF   PENANCE 

mind  is  sinful,  or  does  not  know  that  his  sin  must  be  confessed 
with  its  number  and  species  and  circumstances  changing  the 
species,  is  not  bound  to  integrity  in  confession;  there  is  still 
less  obligation  on  an  uneducated  and  weak-minded  penitent. 

If,  again,  a  man  in  examining  his  conscience  cannot  recall  a 
past  sin,  or,  having  recalled  it,  forgets  about  it  in  the  confessional, 
he  is  physically  incapable  of  making  a  complete  confession.  (On 
this  point  see  the  preceding  paragraph.)  It  is  to  be  noticed, 
however,  that  in  the  case  of  gravely  culpable  negligence  or  care- 
lessness in  examining  the  conscience  an  imperfect  confession  is 
invalid ;  if,  for  example,  a  man  through  his  own  fault  is  ignorant 
how  confession  ought  to  be  made,  or  was  unwilling  to  make  a 
careful  examination  of  his  conscience.  On  the  other  hand,  one 
is  not  obliged  to  go  to  confession  sooner  in  order  not  to  forget 
past  sins,  though  frequent  confession  is  much  to  be  recommended; 
for  we  are  bound  only  to  accuse  ourselves  of  the  sins  of  which 
we  are  conscious  at  the  time  of  confession  after  making  a  dili- 
gent examination  of  conscience. 

2.  There  is,  moreover,  physical  inability  when  there  is  immi- 
nent danger  of  death  (a)  on  account  of  the  penitent's  condition 
being  such  that  if  he  should  try  to  make  a  complete  confession 
he  may  die  before  receiving  absolution ;  (6)  in  a  common  danger, 
such  as  shipwreck,  before  a  battle,  during  a  violent  epidemic  or 
a  swift  conflagration.  If  in  such  a  case  there  is  no  time  to 
hear  the  confession  of  each  individual,  it  is  enough  for  all  to 
make  a  general  confession  of  their  sins  in  order  to  receive  absolu- 
tion, and  the  priest  may  give  it,  using  for  all  the  one  formula: 
Ego  vos  absolvo.  .  .  .  Finally,  (c)  when  the  confessor  himself  is 
near  death  and  no  other  priest  is  at  hand. 

The  following  instructions  may  be  observed  by  confessors  in 
actual  practice :  — 

(a)  In  case  of  extreme  necessity  the  accusation  of  some  spe- 
cific sin  must  be  made  so  far  as  it  is  possible,  but  in  the  case  of 
a  dying  man  who  is  still  conscious  the  confessor  should  be  more 


REASONS    EXCUSING    FROM    COMPLETE    ACCUSATION     201 

solicitous  about  exciting  contrition  than  about  securing  a  com- 
plete confession ;  in  the  case,  however,  of  a  penitent  deprived  of 
consciousness,  especially  if  he  gave  no  previous  sign  of  repent- 
ance, the  confessor  may  give  absolution  conditionally  and  then 
devote  his  care  to  the  administration  of  Extreme  Unction,  which 
in  such  a  case  is  more  certainly  valid  and  efficacious  than  the 
absolution  itself ;  meanwhile,  however,  there  would  be  no  reason 
for  not  giving  the  absolution  beforehand. 

(6)  If  only  one  confession  has  to  be  heard  and  there  is  immi- 
nent danger,  say,  from  an  attack  by  an  enemy,  the  confessor 
should  get  the  penitent  to  mention  some  one  sin,  to  make  an 
act  of  contrition,  and  he  should  then  absolve  him,  when  under 
the  circumstances  the  absolution  is  a  matter  of  necessity.  If 
there  are  several  who  wish  to  make  their  peace  with  God,  as 
before  a  battle  or  in  a  shipwreck,  the  following  points  are  to 
be  observed:  — 

(a)  If  the  danger  is  very  pressing,  the  confessor  must  exhort 
all  to  make  acts  of  contrition  and  purpose  of  amendment,  or, 
still  better,  himself  make  along  with  them  acts  of  contrition  and 
amendment,  and  get  them  to  give  some  sign  of  their  sorrow 
a: id  their  self-accusation,  as  by  raising  their  hands  or  striking 
their  breasts;   then  he  may  give  them  absolution  in  a  body.94 

(/3)  If  there  is  time  enough  for  each  one  to  approach  the  con- 
fessor, though  not  for  making  a  complete  confession,  they 
should  be  admitted  singly  in  order  the  better  to  secure  the 
salvation  of  each  one,  in  such  numbers  as  the  time  will  permit; 
and  in  order  that  as  many  as  possible,  if  not  all,  may  be  heard, 
the  accusation  may  be  as  short  as  possible;  thus  contrition 
will  be  more  genuine.  Of  course  the  penitents  will  be  told 
that  in  the  event  of  their  lives  being  spared  they  must  make 
up  what  was  wanting  to  the  integrity  of  the  confession.95 

94  Reuter,  Theol.  Moral.  Quadripartita,  Tom.  IV.  Tract,  V.  Q.  IX.  n.  331, 
exempt. 

95  Reuter,  1.  c.  n.  331,  exempt.  5 ;  Lehmkuhl,  1.  c.  n.  329. 


202  THE    RECIPIENT    OF    PENANCE 

3.  Physical  inability  may  also  arise  from  the  defectus  loquelce 
of  the  dumb  who  cannot  make  a  complete  confession  either  by 
writing  or  by  signs.  For  them  it  is  sufficient  if  they  confess  one 
or  other  sin  by  signs.  If  the  defect  be  only  a  stutter,  the  peni- 
tent must  confess  as  best  he  can.96 

4.  The  defectus  auditus  of  the  deaf  who  cannot  express  them- 
selves nor  hear  the  questions  which  the  confessor  must  put  in 
order  that  the  confession  may  be  complete,  can  be  reckoned  as 
a  physical  inability.  They  are  obliged  to  make  a  perfect  con- 
fession ex  sua  parte,  i.e.  to  mention  all  that  so  far  as  they  know 
is  required  for  a  perfect  confession,  and  thus  they  may  not  keep 
back  anything.  Those  who  are  merely  hard  of  hearing  are  not 
on  the  same  footing  with  the  deaf;  their  confession  should  be 
made  in  a  place  where  the  voice  may  be  raised  without  others 
overhearing  what  is  said.  If,  however,  the  confessor  should 
find  out  only  in  the  course  of  the  confession  that  the  penitent 
is  hard  of  hearing,  and  he  cannot  take  him  to  a  more  retired 
place  without  fear  of  causing  the  bystanders  to  suspect  that 
some  grave  sin  has  been  confessed  and  so  violating  the  seal,  he 
may  resign  himself  to  permitting  an  imperfect  confession  and 
may  refrain  from  putting  questions.  With  women  the  confessor 
must  be  particularly  on  his  guard  not  to  give  grounds  for  evil 
interpretation,  since  many  people  are  quick  to  suspect  wrong. 
Thus  it  would  be  imprudent  for  him  to  admit  women  penitents 
to  confession  at  times  when  the  church  is  less  frequented ;  since 
absolute  security  for  the  seal  of  confession  would  even  then  not 
be  attainable,  and  suspicion  would  in  all  likelihood  be  easily 
aroused. 

If  the  confessor  is  obliged  to  hear  the  confessions  of  deaf  people 
in  the  church  and  he  has  doubts  as  to  the  integrity  of  the  accu- 
sation, he  must  be  more  solicitous  for  the  seal  than  for  the  in- 
tegrity of  the  confession;   hence  he  must  refrain  from  questions 


96 


Compare  §  20,  Confessions  of  the  Dumb  who  are  Able  to  Write. 


REASONS    EXCUSING    FROM    COMPLETE    ACCUSATION      203 

as  to  the  number  or  circumstances  of  the  sins  and  must  give  a 
very  slight  and  ordinary  penance,  so  that  those  who  overhear 
his  words  may  not  be  led  to  conclude  that  the  penitent  has  been 
confessing  mortal  sins.97 

5.  Finally,  ignorance  of  the  language  constitutes  a  physical 
impossibility  for  those  unable  to  find  a  confessor  understanding 
them;  for  such  people  it  is  sufficient  if  they  manifest  their  con- 
trition and  their  sins  as  far  as  they  can  by  signs.  The  con- 
fessor, in  default  of  any  other  priest  knowing  the  language, 
must  admit  them  to  confession  and  aliqtwties  absolve  them  even 
if  he  can  barely  make  out  the  most  general  accusation. 

V.  A  moral  impossibility  exists,  as  before  remarked,  when 
groat  harm  ensuing  to  the  penitent  or  to  the  confessor  or  to  some 
third  person  is  to  be  feared  from  the  completeness  of  the  con- 
fession; the  harm  to  be  feared  must  preponderate  over  the  mate- 
rial integrity  of  the  confession. 

Therefore  exception  is  made  to  the  demand  of  integrity  (com- 
pleteness) in  confession :  — 

1.  When  there  is  risk  of  infamy  (periculum  inf amice),  if  the 
penitent  is  exposed  to  lose  the  esteem  he  is  held  in  not  only  by 
the  confessor  but  also  by  others.  This  may  happen  in  various 
ways,  particularly  if  the  penitent  is  so  placed  that  a  perfect  con- 
fession would  be  overheard  by  others,  or  if  the  time  required  for 
a  complete  confession  were  so  long  that  it  would  give  rise  to 
unfavorable  suspicions.  Such  a  case  is  most  likely  to  happen 
when  others  know  that  the  penitent  has  been  in  the  habit  of 
confessing,  and  the  latter,  on  account  of  those  confessions  being 
invalid,  is  obliged  to  repeat  them,  while  the  time  for  a  communion 
which  he  cannot  postpone  without  exciting  comment,  is  quite 
close. 

A  sick  man,  for  instance,  has  confessed  and  is  about  to  receive 

97  S.  Alph.il.  c.  Lib.  VI.  n.  644;  Prax.  Conf.  n.  lot;  H.  Ap.  n.  155; 
Gury-Balleriui,  1.  c.  II.  n.  503,  Not. ;  Aertnys,  1.  c.  u.  297,  Q.  III. 


204  THE    RECIPIENT    OF    PENANCE 

the  viaticum ;  he  reveals  to  the  priest  that  he  has  made  several 
sacrilegious  confessions.  To  repeat  these  in  full  would  excite 
suspicions  on  the  part  of  the  bystanders  who  thought  that  he 
was  prepared  to  receive  holy  communion. 

Or,  to  use  another  illustration,  on  the  occasion  of  some  solemn 
and  public  communion  in  common  one  of  the  communicants 
goes  to  the  priest  a  short  time  before  communion  and  reveals 
that  he  has  made  a  sacrilegious  confession;  since  there  is  no 
time  to  repeat  it,  it  is  enough  if  he  makes  an  act  of  sorrow,  men- 
tions the  sacrilegious  confession  and  perhaps  one  or  two  of  his 
other  sins ;  he  must  then  be  absolved  and  later,  of  course,  make 
a  full  confession. 

Or,  a  priest  is  already  at  the  altar,  about  to  offer  the  holy 
sacrifice,  but  remembers  that  he  has  mortal  sins  on  his  soul  not 
yet  confessed;  he  makes  a  short  act  of  contrition  and  confesses 
his  sins  to  an  assisting  priest  who  is  standing  close  by  him ;  the 
latter  will  then  give  absolution  secretly.  Outside  the  case  of 
necessity  where  a  priest  must  celebrate  Mass  or  a  person  is  to 
receive  communion,  the  penitent  is  in  nowise  excused  from  mak- 
ing a  full  confession  on  the  ground  that  others,  noticing  the  length 
of  time  spent  in  the  confessional,  should  suspect  him  of  being 
guilty  of  many  grave  sins.98 

2.  When  there  is  danger  of  breach  of  the  seal  of  confession 
(periculum  Icesionis  sigilli),  as  when,  which  is  a  very  rare  case, 
it  should  be  foreseen  that  the  confessor  would  break  the  seal, 
or  in  the  case  where  a  confessor  could  not  reveal  his  own  sins 
without  at  the  same  time  revealing  the  sins  of  his  penitent  and 
so  breaking  the  seal. 

The  first  case,  i.e.  where  the  confessor  breaks  the  seal  —  with- 
out, of  course,  intending  to  do  so  —  might  happen  when  the 
priest  speaks  so  loud  that  he  can  be  overheard  by  those  in  the 
neighborhood,  and  in  spite  of  representations  still  fails  to  subdue 

98  Aertnys,  1.  c.  n.  195,  Q.  I ;  Lehmkuhl,  1.  c.  n.  330. 


REASONS    EXCUSING    FROM    COMPLETE    ACCUSATION     205 

his  voice,  either  because  he  is  deaf,  or  because  his  zeal  runs  away 
with  him,  or  because  he  is  afflicted  with  some  defect  of  voice 
which  prevents  him  talking  in  a  lower  tone.  This  would  be 
only  an  indirect  breach  of  the  seal,  certainly  not  to  be  sanctioned 
but  rather  to  be  severely  blamed  as  wrong  and  sinful.  If,  then, 
the  confessor  speaks  too  loud,  and  continues  to  do  so  even  after 
the  penitent  has  reminded  him  of  the  fault,  the  latter  is  justified 
in  keeping  back  part  of  his  confession  so  that  the  confessor  may 
not  in  the  course  of  his  questions  reveal  to  the  bystanders  the 
sins  confessed. 

If,  however,  the  penitent  has  an  exaggerated  dread  that  his 
confessor  may  break  the  seal  by  making  revelations  outside  the 
confessional,  he  is  not  justified  in  withholding  his  confession  in 
full,  for  he  imagines  a  sin  so  horrible  that  the  suspicion  of  it 
could  only  be  entertained  in  the  case  of  heretics.  This  holds 
true  at  least  as  far  as  a  direct  breach  of  the  seal  is  concerned. 
A  penitent  could  hardly  ever  be  dispensed  from  a  full  confes- 
sion on  account  of  such  a  fear,  and  if  he  were  to  reveal  to 
another  confessor  that  such  a  motive  had  prompted  him  to 
keep  back  some  of  his  sins,  the  confessor  could  not  receive  this 
as  an  excuse  without  further  inquiry. 

On  the  other  hand,  the  danger  of  a  breach  of  the  seal  on  the 
part  of  a  priest  who  confesses  the  sins  he  has  incurred  in  hearing 
confessions  is  not  beyond  the  bounds  of  possibility ;  in  this  case 
he  must  pass  over  in  silence  those  sins  which  would  involve 
such  a  risk." 

3.  When  danger  of  scandal  (periculum  scandali)  is  to  be  feared 
either  with  respect  to  the  priest  or  the  penitent.  Such  a  case 
might  occur  where  the  penitent  is  afraid  of  sinning  by  taking 
pleasure  in  thoughts  against  charity  and  especially  against  purity 
when  examining  his  conscience;  his  duty  then  would  be  to  avoid 
dwelling  upon  the  number  and  circumstances  even  at  the  risk 


99 


Cf.  Aertnys,  1.  c.  n.  195,  and  Lehinkuhl,  1.  c.  n.  332. 


206  THE    RECIPIENT    OF    PENANCE 

of  making  an  incomplete  confession,  for  the  natural  law  of  avoid- 
ing the  clanger  of  grave  sin  prevails  over  the  positive  law  of  mak- 
ing a  complete  confession.  The  same  reason  may  be  a  motive 
to  the  confessor  to  be  very  prudent  in  questioning  such  peni- 
tents so  as  not  to  expose  them  to  commit  new  offenses  against 
God  in  the  very  Sacrament  of  reconciliation. 

If  a  penitent  have  well-grounded  fears  of  the  confessor's  weak- 
ness and  that  the  latter  will,  if  he  hear  a  peccatum  turpe,  give 
way  to  bad  thoughts  or  cause  him  to  sin,  he  is  bound  to  avoid 
such  a  confessor;  if,  however,  in  a  case  of  necessity,  he  requires 
his  help  and  cannot  find  another  confessor  hie  et  nunc,  he  may 
omit  those  sins  of  which  the  avowal  would  be  dangerous. 

A  priest  who  knows  that  his  weakness  exposes  him  to  great 
risks  in  hearing  confessions  must  withdraw  from  the  confessional 
if  it  be  at  all  possible,  unless  there  be  good  reasons  to  suppose 
that  the  fear  arises  from  some  unforeseen  and  exceptional  inci- 
dent ;  in  such  a  case  the  confessor  must  omit  the  questions  which 
ordinarily  would  have  to  be  put  to  secure  the  completeness  of 
the  accusation. 

"  Dangers  of  this  kind  are  not  to  be  lightly  and  unreasonably 
supposed,  but  only  on  solid  grounds;  and  if  it  be  a  question  of 
danger  to  the  confessor,  only  after  very  unmistakable  indi- 
cations." 10° 

4.  When  a  scrupulous  penitent  is  always  tortured  with  the 
thought  that  his  previous  confessions  have  not  been  valid  and 
believes  that  his  sins  have  never  been  properly  confessed.101 
Such  penitents  are  to  be  forbidden  to  make  detailed  examina- 
tion of  conscience  even  though  in  consequence  their  confessions 
should  fall  short  of  the  necessary  completeness. 

5.  When  there  is  danger  of  bodily  harm  (damnum  corporate 

100  Lehmkuhl,  1.  c.  n.  331 ;  Stotz,  1.  c.  Lib.  T.  P.  III.  Q.  IT.  nn.  68  et  69. 

101  S.  Alph.  1.  c.  n.  488 ;  Aertnys,  1.  c. ;  Elbel,  Theol.  Moral.  Vol.  III.  P. 
IX.  De  Poenit.  n.  150.  See  §  72,  Treatment  of  the  Scrupulous  in  Con- 
fession. 


REASONS    EXCUSING    FROM    COMPLETE    ACCUSATION     207 

or  periadum  mice).  If,  for  instance,  a  long  confession  exposed 
t lit"  priest  to  danger  of  infection,  even  though  by  other  precau- 
tions he  might  lessen  the  danger  or  perhaps  quite  reduce  it,  in 
order  to  avoid  the  risk  he  may  allow  the  penitent  to  state  quite 
briefly  a  few  sins,  thus  contenting  himself  with  an  imperfect 
confession,  and  may  then  give  absolution;  moreover,  if  the  peni- 
tent is  so  weak  and  exhausted  by  the  illness  as  to  be  unable 
without  grave  harm,  or  great  increase  of  suffering  and  weaken- 
ing of  his  condition,  to  examine  his  conscience  carefully  and  so 
make  a  perfect  confession,  the  priest  ought  not  to  annoy  him 
by  questions,  but  rather  try  to  awaken  contrition  and  then  give 
absolution  even  after  an  incomplete  confession.102 

It  was  observed  above  (n.  4)  that  moral  inability  to  make  a 
complete  confession  can  only  be  admitted  when  the  confession 
cannot  be  put  off  and  is  urgent  hie  et  nunc. 

The  confession  may  be  regarded  as  urgent,  1,  when  the  peni- 
tent is  in  danger  of  death ;  2,  when  the  precept  of  annual  confes- 
sion and  communion  is  instant;  3,  if  the  reception  of  holy 
communion  or  the  celebration  of  Mass  cannot  be  put  off  without 
confusion  or  scandal ;  and,  4,  if  otherwise  the  penitent  could  not 
again  approach  confession  for  a  long  period.  Reuter  103  and 
Lugo  consider  a  delay  of  more  than  three  days  long  enough  for 
a  man  in  mortal  sin  to  regard  the  case  as  urgent;  indeed  one 
may  consider  the  impotentia  moralis  as  justified  if  a  man  were 
compelled  to  remain  in  mortal  sin  one  or  two  days. 

There  is  a  special  difficulty  in  solving  the  question  whether  a 
sin  can  or  ought  to  be  confessed  which  cannot  be  disclosed  with- 
out damaging  the  reputation  of  the  partner  of  the  sin  in  the  eyes 
of  the  confessor.  Theologians  do  not  agree  in  their  opinions, 
but  are  all  unanimous  in  teaching,  1,  that  a  penitent  is  obliged 
to  seek,  if  possible,  another  confessor  to  whom  he  can  make  a 
complete  confession  and  to  whom  the  accomplice  is  unknown, 

102  S.  Alph.  1.  c. ;  Stotz  and  Aertnys,  1.  c. 

103  L.  c.  n.  331.     Cf.  St.  Alph.  1.  c."  n.  487. 


208  THE    RECIPIENT    OF    PENANCE 

and  in  this  way  save  his  neighbor's  reputation;  and,  2,  that  ii 
the  sin  which  cannot  be  confessed  without  injury  to  the  char- 
acter of  the  accomplice  is  not  necessary  matter  of  confession, 
it  ought  not  to  be  revealed  unless  the  sin  of  the  accomplice  be 
only  slight  and  the  confession  of  that  particular  sin  be  of  pecul- 
iar benefit  to  the  penitent. 

If,  nevertheless,  the  accomplice  be  revealed  to  the  confessor, 
such  revelation,  in  accordance  with  a  very  probable  opinion,  is 
not  to  be  regarded  as  a  grave  sin;  for  according  to  the  teach- 
ing of  a  number  of  theologians,  whom  St.  Alphonsus  approves 
and  with  whom  St.  Thomas  seems  to  agree,  it  is  not  a  gravely 
sinful  defamation  to  reveal  the  sins  of  another  to  one  or  other 
trustworthy  and  upright  man.  Though  many  theologians  de- 
clare this  to  be  gravely  sinful  if  done  without  reason,  the  oppo- 
site opinion  is  so  well  founded  that  it  may  be  followed  in  practice 
as  quite  probable.104  But  if  it  is  at  all  probable,  it  is  much  more 
so  when  the  sin  of  another  is  revealed  to  a  priest  who  is  bound 
to  the  most  inviolable  secrecy  by  the  highest  and  holiest  ties. 
Hence  it  follows  that  the  revelation  of  the  accomplice  is  cer- 
tainly no  sin  when  there  is  reasonable  ground  for  it;  such  would 
be,  for  instance,  if  the  confession  made  to  a  priest  who  knows 
the  accomplice  were  useful  or  necessary  to  the  penitent,  sup- 
posing that  no  other  confessor,  to  whom  the  accomplice  is  un- 
known, were  available;  furthermore,  the  penitent  is  not  bound 
to  seek  another  confessor  unacquainted  with  the  accomplice  if 
the  search  involves  great  trouble  or  loss. 

With  these  premises  we  approach  the  question :  May  a  peni- 
tent, or  ought  he,  confess  a  mortal  sin  which  cannot  be  revealed 
without  at  the  same  time  revealing  the  accomplice  to  the  con- 
fessor, or  may  he  omit  the  mention  of  that  sin  and  so  detract 
from  the  completeness  of  his  confession? 

The  greater  number  of  theologians  and  those  of  most  weight 

104  Cf.  Aertnys,  Lib.  III.  Tract.  VIII.  De  octavo  Prrecepto  Decalogi,  n. 
534,  Q.  2. 


REASONS    EXCUSING    FROM    COMPLETE    ACCUSATION     209 

teach  that  the  revelation  of  the  complex  is  not  a  reason  excusing 
from  an  entire  accusation,  since  it  is  no  violation  of  the  jus  natu- 
rale  which  safeguards  the  reputation  of  another  to  reveal  the 
secret  sins  of  one's  neighbor  for  good  reasons  to  a  prudent  and 
upright  man,  and  the  law  of  charity  only  forbids  defamation  of 
one's  neighbor  without  reason;  in  this  case,  however,  there  is  a 
causa  justa,  and  a  very  urgent  reason,  viz.,  the  making  of  a  per- 
fect confession  and  the  guidance  of  the  conscience.  The  precept 
of  making  a  sincere  accusation  is  potioris  juris  than  the  precept 
of  not  defaming  the  neighbor,  so  that  such  defamation  in  face  of 
the  need  of  making  a  complete  confession  is  to  be  regarded  as 
of  no  account.  Lugo  rejects,  as  involving  a  petitio  principii, 
the  other  argument  advanced  by  the  defenders  of  this  view, 
namely,  that  the  penitent  is  simply  making  use  of  his  right  to 
confess  his  sin,  and  that  the  accomplice  by  participating  in  the 
sin  has  surrendered  his  claim  to  his  reputation  so  far  as  it  is 
affected  by  the  confession  of  the  sins ;  he  adduces  another  argu- 
ment: that  since  the  benefits  resulting  from  confession  are  so 
immense  that  Christ  has  bound  the  penitent  to  endure  the  shame 
of  revealing  his  own  sins,  it  is  a  natural  consequence  that  to 
obtain  such  benefits  one  may  be  allowed  to  reveal  another's 
sin.105  The  same  is  taught  by  St.  Thomas,106  St.  Bonaventure, 
St.  Antoninus,  St.  Bernard,  Gerson,  Cajetan,  Henriquez,Suarez,107 
Lugo,108  Laymann,  Vasquez,109  Toletus,  Reginald  Lessius,  Tam- 
burini,  Salmanticenses,110  Reuter.111  St.  Alphonsus  112  also  holds 
this  view.  At  the  same  time  they  teach  that  the  penitent  is 
bound,  if  he  can  manage  it  commode,  to  spare  the  reputation  of 
his  accomplice  by  going  to  a  confessor  to  whom  the  accomplice 
is  unknown;  and  St.  Alphonsus  expressly  condemns  the  view 
that  this  is  matter  of  counsel  and  not  of  precept.     Thus  the 

105  Lugo,  1.  c.  n.  308.  109  Q.  91,  dub.  3,  a.  2. 

106  In  IV.  dist.  10,  Q.  3,  a.  2.  110  C.  8,  n.  128. 
i°'  Disp.  31,  Sect.  2.  m  P.  IV.  n.  321. 
108  Disp.  10,  n.  398  sq.  112  L.  c.  n.  489. 


210  THE    RECIPIENT    OF   PENANCE 

penitent  is  freed  from  the  obligation  of  seeking  out  another  con- 
fessor only  (a)  when  there  is  danger  of  death  or  when  the  annual 
confession  can  no  longer  be  put  off;  (b)  when  the  penitent  by 
refraining  from  communion  or  from  the  celebration  of  Mass 
would  be  exposed  to  misinterpretation  and  shame;  (c)  when  a 
penitent  is  in  a  state  of  mortal  sin,  and  would  be  obliged  to  re- 
main in  that  condition  one  or  two  days  (per  biduum  imo  etiam 
per  diem)  till  he  could  find  another  confessor;  (d)  when  the  com- 
plex may  be  presumed  to  have  given  up  his  claim  to  his  good 
reputation,  as  in  the  case  of  .a  brother  who  having  sinned  with  his 
sister  knows  that  she  will  not  go  to  another  confessor  without  her 
mother;  (e)  when  a  priest  being  accustomed  to  celebrate  every 
day,  and  a  lay  person  being  accustomed  to  communicate  daily, 
would  find  much  difficulty  in  omitting  these  pious  acts;  (/)  when 
a  person  finds  great  repugnance  in  revealing  his  or  her  state  of 
soul  to  another  confessor;  (g)  when  otherwise  the  penitent 
would  be  deprived  of  a  jubilee  or  other  indulgence;  (h)  mothers 
or  husbands  may  be  excused  when  through  a  wish  to  have  coun- 
sel or  sympathy  they  reveal  the  sins  of  their  children,  etc.,  to  a 
confessor  who  knows  the  latter,  especially  when  they  find  it 
hard  to  approach  another  confessor;  ({)  when  the  seeking  of 
another  confessor  involves  a  privation  of  consolation  and  peace 
for  the  penitent  accustomed  to  a  wise  and  helpful  spiritual  di- 
rector. Hence  it  is  evident  that  a  penitent  is  rarely,  if  ever, 
obliged  to  seek  another  confessor  under  the  given  circumstances.113 
The  other  opinion,  that  it  is  not  allowed  to  reveal  the  accom- 
plice, and  in  consequence  that  one  is  not  bound  to  mention  a 
mortal  sin  which  cannot  be  confessed  without  revealing  the 
accomplice,  is  taught,  among  others,  by  Canus,  Petrus  Soto, 
Ledesma,  Navarrus,  Valentia,  Banez,  etc.  Busenbaum  and 
Mazzotta  deemed  the  opinion  probable.114  These  theologians 
urge  that  it  is  a  violation  of  the  natural  law  to  injure  the  good 

113  S.  Alph.  1.  c.  490;  Gury-Baller.  TT.  500,  Q.  II. 

114  De  Pd ■nit.  Disp.  I.  Q.  IV.  cp.  7,  §  1  ab  initio. 


Reasons  excusing  from  complete  Accusation   211 

name  of  another,  and  hence  that  the  obligation  of  not  inflict- 
ing such  injury  is  potion's  juris  than  (ho  duty  of  making  a  com- 
plete confession,  since  this  is  founded  on  a  positive  law. 

It  need  not  be  imagined,  however,  that  this  opinion  is  the 
benignior,  because  it  releases  from  the  duty  of  making  a  perfect 
confession;  considered  closely  the  case  takes  on  quite  another 
aspect,  for : — 

1.  It  requires  the  penitent  to  seek  out  another  confessor  to 
whom  the  accomplice  is  unknown  even  when  this  involves  great 
trouble  to  the  penitent,  for  as  all  will  concede,  the  integrity  of 
the  confession  must  be  preserved  so  far  as  it  is  possible,  and  only 
the  damage  and  hardship  to  the  penitent  which  makes  the  con- 
fession morally  impossible  excuse  from  making  a  complete  con- 
fession. Hence  this  incommodum  must  be  grave  and  much 
greater  than  that  which  in  the  other  view  allows  the  defamation 
of  the  accomplice. 

2.  If,  however,  a  man  cannot  confess  to  another  confessor 
and  is  resolved  to  conceal  the  sin  or  its  circumstances  in  order 
to  save  his  neighbor's  reputation,  there  arises  a  greater  diffi- 
culty, the  obligation  of  confessing  the  same  sin  again;  for  in 
order  to  save  his  neighbor's  good  name  a  man  may  only  conceal 
that  circumstance  which  affects  the  reputation  of  his  neighbor, 
and  this  is  the  unanimous  teaching  of  all  theologians;  for  ex- 
ample, if  a  man  has  committed  incest,  and  has  no  other  means 
of  confessing  it,  he  must  mention  in  his  first  confession  that  he 
has  fallen  into  a  sin  of  impurity,  passing  over  in  silence  the  cir- 
cumstances which  make  it  incest.  He  must,  however,  when 
opportunity  is  presented  of  going  to  another  confessor,  mention 
the  circumstance  of  the  incest,  and  this  cannot  be  done  without 
repeating  his  former  accusation  of  having  fallen  into  a  sin  against 
purity. 

3.  It  is  also  to  be  observed  that  if  defamation  of  one's  neighbor 
excuses  from  a  complete  confession,  and  if  in  consequence  a 
particular  sin  may  not  be  revealed  (for  such  is  the  foundation  of 


212  THE    RECIPIENT    OF   PENANCE 

this  opinion),  the  confessor  is  not  allowed  to  put  questions  which 
may  cause  an  indirect  revelation  of  the  accomplice,  especially  to 
ill-instructed  penitents  who  would  have  no  idea  of  how  to  parry 
the  questions.  Now  if  these  questions  are  to  be  avoided  by  the 
confessor,  he  may  not  inquire  into  the  occasions  of  sin,  or  he 
must  leave  to  the  judgment  and  discretion  of  the  penitent  how 
far  the  latter  is  bound  to  answer  the  questions  put  to  him.  The 
consequences,  as  any  one  may  see,  implicate  the  direction  of 
penitents  in  great  difficulties,  and  on  that  account  no  one  can 
admit  either  of  these  methods  of  action. 

Now  the  confessor,  in  order  to  be  faithful  to  Ms  important  duty 
of  withdrawing  his  penitents  from  the  occasions  of  sin,  and  in 
order  not  to  be  deceived  by  a  penitent  who,  left  to  his  own  judg- 
ment, will  not  realize  the  danger  of  the  occasions,  must  question 
his  penitent  with  perfect  liberty  and  undeterred  by  the  fear  of  ob- 
taining any  knowledge  of  the  accomplice  in  sin,  if  it  is  probable 
though  not  certain  that  such  defamation  of  the  accomplice  is 
not  a  reason  dispensing  from  the  integrity  of  the  confession. 
This  opinion  is  certainly  probable. 

The  champions  of  this  view  are  far  from  denying  that  the 
natural  law  forbids  the  injuring  of  another's  good  name,  but, 
they  maintain,  such  injury  is  forbidden  only  when  there  are  no 
reasonable  grounds  for  inflicting  it;  it  must  be  proved  that  the 
precept  of  making  a  complete  confession  is  a  sufficient  reason, 
since  such  defamation  to  a  confessor  is  certainly  not  objectively 
grave.  That  this  ground  is  a  reasonable  one  is  evident  from 
many  weighty  considerations :  — 

1.  Good  reasons  have  been  already  offered  in  the  difficulties 
which  are  presented  when  perfect  liberty  is  not  allowed  in  con- 
fessing or  asking  the  circumstances  and  occasions  of  sins. 

2.  Further  examples  may  be  easily  imagined  in  which  the 
defamation  of  another  resulting  from  the  penitent's  confession 
is  not  to  be  considered ;  for  no  one  would  dream,  for  example, 
of  releasing  a  son  from  the  obligation  of  making  a  perfect  con- 


REASONS    EXCUSING    FliOM    COMPLETE    ACCUSATION     213 

fession  because  it  might  be  concluded  from  the  gravity  and 
nature  of  his  sins  that  his  parents  had  brought  him  up  very 
badly;  nor  would  a  religious  be  excused  for  fear  his  confessor 
should  entertain  the  suspicion  that  his  superiors  were  neglecting 
their  duty  towards  him.  For  such  defamation  may  well  be 
considered  as  of  little  moment,  since  the  confessor  is  bound  to 
the  most  stringent  silence  and  can  make  absolutely  no  use  of 
what  he  hears  in  confession. 

3.  Moreover,  the  precept  of  making  a  complete  confession  is 
so  severe  that  the  penitent  may  never  transgress  it  in  order  to 
safeguard  his  own  good  name,  and  is  obliged  to  overcome  the 
fear  of  losing  it.  But,  according  to  the  universal  teaching,  a 
man  is  justified  in  self-defense  to  do  a  lawful  act  even  if  thereby 
he  injure  the  character  of  his  neighbor  if  there  is  no  other  way 
of  shielding  his  own  or  regaining  it  when  lost ;  hence  it  must  be 
allowable  to  injure  the  reputation  of  another  if  the  end  in  view 
is  to  make  a  perfect  confession ;  or  the  same  cause  (the  integrity 
of  the  confession)  which  binds  me  to  injure  my  own  good  name 
gives  me  the  right  of  disregarding  any  infamy  that  may  accrue 
to  others  in  discharging  this  duty.115 

4.  Finally,  since  it  was  in  early  days  the  practice  of  confessing 
to  one's  parish  priest,  and  he  was  generally  acquainted  with  all 
his  subjects,  the  precept  of  making  a  complete  confession  would 
have  had  no  meaning  if  the  other  opinion  were  tenable  in  respect 
to  sins  which  were  difficult  to  confess.  Is  it  possible  that  Christ 
should  give  a  command  which  in  practice  turned  out  so  nuga- 
tory ?  116 

From  what  has  been  already  said  on  this  subject  it  follows 


115  Cf.  Lugo,  Disp.  10,  1.  c. ;  Tamburini,  Meth.  conf.  1.  2,  c.  9,  §  2. 

110  Thus  Lehmkuhl,  1.  c.  n.  3:54  ss.;  cf.  Aertnys,  1.  c.  u.  190,  Q.  10;  Lugo, 
1.  c.  Ballerini,  however,  1.  c.  n.  499,  Q.  I,  concludes  thus  in  his  notes  :  Ergo, 
seclusis  aliis  incommodis,  Integra  manere  videlur  obligatio  circuinstantiam 
illam  tacendi  quando  ex  ejusdem  confessione  alterius  infamia  consequatur. 
Cf.  Op.  Theol.  Mor.  1.  c.  (>/'  <  'omplicis  manifestat.)  n.  439-450. 


214  THE    RECIPIENT    OF   PENANCE 

that  the  confessor,  if  he  thinks  fit,  is  quite  at  liberty  to  put  ques- 
tions on  the  circumstances  or  occasions  of  sin;  moreover,  that 
penitents  ought  not  to  be  instructed  to  conceal  circumstances 
which  may  injure  the  reputation  of  the  accomplice  with  the 
confessor;  they  ought  rather  to  be  encouraged  to  make  a  com- 
plete confession  to  their  regular  confessor  if  they  are  unable  to 
find  another. 

If,  however,  some  one  acting  upon  the  undoubted  authority 
of  theologians  who  teach  the  other  view  wishes  to  make  his 
confession  accordingly,  he  cannot  be  blamed  if  he  has  formed  a 
dictamen  conscientice,  and  he  cannot  be  forced  to  renounce  his 
opinion. 

Again,  if  a  confessor  remarks  that  a  penitent  is  familiar  with 
his  theology  and  makes  his  accusation  in  accordance  with  the 
other  opinion,  and  if  he  is  satisfied  that  said  penitent  is  capable 
of  forming  a  judgment  about  his  obligations,  he  may  more  easily 
omit  certain  questions  and  leave  the  penitent  free  to  follow  his 
own  opinion. 

What  has  been  said  with  respect  to  the  accomplice's  reputa- 
tion applies  equally  to  those  who  have  been  in  any  way  an  occa- 
sion of  sin  to  the  penitent.  There  are  cases  in  which  the  penitent 
cannot  give  the  specific  character  of  his  sin  without  at  the  same 
time  disclosing  the  sin  of  another  which  has  been  the  object  or 
occasion  of  his  own  sin.  A  man,  for  instance,  discovers  his  un- 
married sister  to  be  in  confinement  and  maltreats  her  so  that 
abortus  follows;  he  cannot  explain  the  nature  of  his  crime  fully 
in  the  confessional  without  revealing  his  sister's  sin  and  so  de- 
stroying her  reputation  in  the  mind  of  the  priest.  Although 
some  even  of  those  who  teach  that  the  integrity  of  the  confession 
may  take  precedence  of  the  accomplice's  character  are  unwilling 
to  grant  it  in  this  particular  case,  yet  there  is  at  least  a  proba- 
bility that  the  obligation  of  integrity  prevails  in  any  case.117 

117  Cf.  Lugo,  Disp.  16,  n.  420;  Gury-Ballerini,  1.  c.  n.  502;   Lehmkuhl 
1.  c.  n.  338. 


THE   EXAM  I  SAT  ION    OF    CONSCIENCE  215 


Article  III 

THE   MEANS  TO    BE    EMPLOYED    IN    ORDER   TO    MAKE    A    PERFECT 

CONFESSION 

28.   The  Examination  of  Conscience. 

Since  the  penitent  is  obliged  to  make  a  complete  confession 
of  his  mortal  sins,  as  far  as  lies  in  his  power,  there  naturally 
devolves  upon  him  the  duty  of  examining  his  conscience.  Re- 
garding the  examination  of  conscience  the  following  points  are 
to  be  noted :  — 

I.  The  penitent  is  bound  under  pain  of  mortal  sin  to  prepare 
for  confession  by  a  serious  and  careful  examination  of  con- 
science, and  he  must  devote  to  this  examination  such  diligence 
as  a  prudent  man  would  ordinarily  devote  to  any  important 
business;  hence  in  order  that  the  omission  of  mortal  sins  in  the 
accusation  may  not  be  attributed  to  sinful  neglect,  diligentia 
mediocris,  as  it  is  called,  or  diligentia  moralis  is  required,  not 
such  as  would  make  the  practice  of  confession  hateful  or  unduly 
burdensome. 

The  proof  for  this  is  supplied  by  the  Council  of  Trent,118  and 
it  is  clear  that  if  mortal  sins  are  to  be  confessed  they  must  be 
recalled  to  the  mind.  Theologians  observe,  however,  that  when  a 
man  has  examined  his  conscience  with  moral  diligence,  but  still 
believes  that  further  examination  would  reveal  more  sins,  he 
is  not  obliged  to  spend  more  time  in  examining  his  conscience; 
otherwise  a  penitent  who  had  neglected  confession  for  many 
years  would  have  to  examine  his  conscience  for  days  and  still 
fail  to  do  his  duty;  such  a  conclusion  is  obviously  wrong.119 

Sporer  120  even  goes  so  far  as  to  teach  that  a  man  who  has 

118  Sess.  XIV.  cp.  5  et  can.  7  (examen  diligens). 

119  Lugo,  1.  c.  Disp.  16,  nn.  590-594;  cf.  Layni.  Lib.  V.  Tr.  6,  8. 

120  L.  c.  n.  366. 


216  THE    RECIPIENT    OF   PENANCE 

used  moral  diligence  in  examining  his  conscience  and  has  made 
his  confession,  and  afterwards  cannot  recall  whether  he  men- 
tioned or  not  some  particular  sin,  is  not  bound  to  confess  it, 
because  the  presumption  is  that  he  has  confessed  it  along  with  the 
other  sins.  If,  however,  he  have  strong  misgivings  on  other 
grounds  and  cannot  settle  his  doubt  as  to  whether  he  has  con- 
fessed the  sin  or  not,  he  is  always  obliged  to  mention  that  sin, 
if  there  is  no  doubt  of  its  having  been  committed,  in  the  next 
confession. 

II.  The  care  which  ought  to  be  employed  in  this  examination 
is  not  the  same  for  all  classes  of  penitents;  it  varies  according 
to  the  circumstances  of  the  penitents :  more  especially  accord- 
ing to  --  (1)  the  state  of  conscience  and  the  habitual  purity  of 
life;  (2)  the  time  elapsed  since  the  last  valid  confession;  (3)  the 
education,  the  knowledge  (in  religious  matters  especially),  the 
intelligence  of  the  penitent;    (4)    the  state  of  health.121 

1.  One  who  seldom  falls  into  mortal  sin  may  satisfy  himself 
with  a  less  strict  examination  of  conscience,  especially  if  he  be 
in  the  habit  of  making  a  daily  examination  of  conscience;  for 
if  a  penitent  of  this  kind  falls  into  mortal  sin,  he  will  immedi- 
ately recall  it;  and  one  who  is  morally  certain  that  he  has  not 
sinned  mortally  is,  strictly  speaking,  not  bound  to  any  examina- 
tion of  conscience,  but  he  must  be  careful  to  offer  sufficient 
matter  for  confession.  Though  this  is  quite  correct  in  theory, 
in  practice  the  penitent  is  strongly  advised  to  make  a  careful 
examination  of  conscience  in  order  to  rid  himself  of  his  smaller 
faults  and  to  reap  greater  fruit  from  the  Sacrament. 

2.  The  longer  the  period  over  which  the  examination  is  to  ex- 
tend the  more  time  and  care  must  be  expended  in  this  prepa- 
ration, but  it  is  not  to  be  laid  down  as  a  principle  that  a  man 
who  has  not  confessed  for  a  year  is  bound  to  be  twelve  times 
as  long  in  his  preparation  as  the  man  whose  last  confession  was 
a  month  before. 

121  Mazzotta,  1.  c.  Disput.  I.  Q.  II.  cp.  I. 


THE    EXAMINATION    OF   CONSCIENCE  217 

3.  Less  instructed  or  quite  uneducated  people  are  not  obliged 
to  so  careful  and  searching  an  examination  as  the  better  in- 
structed ;  they  are  quite  incapable  of  examining  their  conscience, 
ad  impossibilia  nemo  tenelur.  If  an  educated  penitent  comes  to 
tin'  Sacrament  unprepared,  the  confessor  should  with  all  proper 
consideration  send  him  away  again  to  prepare  himself  by  a  care- 
ful examination  of  conscience,  unless  there  should  be  solid 
grounds  for  supposing  such  a  step  inopportune;  but  only  grave 
reasons  justify  such  toleration,  for,  though  the  sins  committed 
might  be  ascertained  by  questions,  there  is  no  moral  certainty 
that  such  a  confession  is  a  perfect  one.  A  penitent  who  has 
not  been  to  confession  for  a  long  time  and  is  leading  a  worldly 
life  cannot  without  preparation  answer  at  once  and  correctly 
whether  he  Iris  committed  such  or  such  sins.  If  the  penitent  is 
uneducated,  or,  although  educated,  yet  ignorant  in  religion,  and 
has  taken  absolutely  no  pains  to  acquire  a  knowledge  of  his  sins, 
he  must  be  treated  in  the  same  way;  if,  however,  he  has  taken 
some  pains  in  the  matter,  the  confessor  may  supply  the  defect 
by  questions;  for  an  uneducated  man  left  to  himself  will,  even 
after  a  long  examination  of  conscience,  never  succeed  so  well 
as  when  guided  by  the  prudent  questioning  of  an  experienced 
and  skillful  confessor  who  will  do  the  work  in  a  much  shorter 
time.  If,  then,  the  confessor  sees  that  he  can  procure  by  ques- 
tioning a  perfect  confession  such  as  the  penitent  left  to  his  own 
resources  could  hardly  make  after  long  examination,  he  should 
help  him,  all  the  more  if  there  is  reason  to  fear  that  the  peni- 
tent would  be  frightened  by  the  postponement  of  his  confession, 
and  might  be  deterred  from  confession,  at  least  for  a  time,  by 
the  difficulties  attending  a  careful  examination  of  conscience. 
This  method,  the  result  of  great  experience,  is  confirmed  by  the 
Catechismus  Romanus:122  "If  a  priest  remarks  that  such  peni- 
tents are  quite  unprepared,  he  should  dismiss  them  with  very 

I-  Part  II.  cp.  5,  n.  60. 


218  THE    RECIPIENT    OF    PENANCE 

gentle  words  and  advise  them  to  come  again  after  spending  some 
time  in  thinking  over  their  sins.  If  they  maintain  that  they 
have  already  exercised  all  diligence  in  examining  their  con- 
science, he  should  hear  them,  since  there  is  reason  to  fear  that 
if  sent  away  they  might  not  return,  and  he  may  with  more  rea- 
son hear  their  confessions  if  they  show  any  signs  of  wishing  to 
reform  their  life;  then  they  may  be  urged  to  accuse  themselves 
of  their  carelessness  and  promise  for  the  future  to  make  up  for 
their  faults  by  a  careful  examination." 

Reuter m  observes  on  this  subject:  "Besides,  experience 
teaches,  as  is  well  remarked  by  Vasquez  and  Lugo,  that  a  pru- 
dent confessor  can  accomplish  more  with  most  penitents  and 
uneducated  people  by  a  few  questions  than  they  can  themselves 
after  a  long  examination.  Hence  such  penitents  when  they  give 
any  signs  of  fervor  ought  not  to  be  easily  dismissed  in  order  to 
examine  themselves  again,  even  when  defects  are  noticed." 
Sporer124  writes:  "Uneducated  and  inexperienced  penitents  are 
unable  to  make  such  an  exact  examination  as  the  more  edu- 
cated; hence  they  should  be  helped  by  the  confessor."  Seg- 
neri,125  too,  warns  the  priest  not  to  send  away  ignorant  penitents 
to  make  a  fresh  examination  of  conscience,  unless  for  the  most 
urgent  reasons,  since,  on  the  one  hand,  they  may  be  frightened 
away  and  never  come  to  confession  again,  and,  on  the  other 
hand,  the  confessor  himself  can  easily  supply  for  their  deficiency 
by  his  zeal. 

Although  a  penitent  knows  that  he  will  be  questioned  by  his 
confessor,  he  is  none  the  less  bound  to  examine  his  conscience, 
since  otherwise  he  would  be  exposed  to  the  danger  of  giving 
wrong  and  insufficient  answers  or  of  omitting  a  great  deal;  he 
may,  however,  permit  himself  a  little  less  care,  especially  with 
regard  to  the  sins  common  to  people  in  his  state  of  life.128 

123  L.  c.  n.  311. 

124  Theol.  Sacram.  Tom.  III.  De  Poenit.  n.  365. 

125  Iustructio  Poenit.  cp.  II.  126  Mazzotta,  1.  c. ;  cf.  Suarez,  Disp.  22. 


THE    EXAMINATION    OF    CONSCIENCE  219 

No  one  is  bound  to  write  his  sins  even  if  he  should  be  afraid 
of  forgetting  (hem;  nor,  if  sin  has  been  committed  with  an- 
other, is  there  any  obligation  to  consult  with  the  accomplice  in 
sin  to  determine  the  number  of  sins ;  so,  too,  one  who  has  missed 
Mass  the  whole  year  is  not  bound  to  count  up  the  feasts  in  the 
calendar,  for  this  would  be  diligentia  extraordinaria  such  as  the 
Council  of  Trent  does  not  demand.127 

4.  Those  who  are  prostrated  by  illness  and  through  weakness 
or  pain  cannot  review  their  past  life  are  not  obliged  to  make  an 
exact  examination  of  conscience;  indeed  the  confessor  should 
only  put  to  them  a  few  questions  according  to  their  condition. 
If,  however,  they  regain  their  health,  they  must  supply  what 
was  wanting  in  their  accusation;  if,  after  receiving  absolution, 
other  mortal  sins  occur  to  their  mind,  they  should  confess  them 
and  get  absolution.  In  general  the  sick  are  not  required  to 
make  so  careful  an  examination  as  others;  hence  the  priest 
should  not  yield  when  they  wish  to  put  off  confession  from  one 
day  to  another  on  the  plea  of  examining  their  conscience  better ; 
usually  this  is  only  a  pretext  for  putting  off  the  confession,  and 
does  not  arise  from  anxiety  or  eagerness  to  prepare  well,  but 
from  fear;  such  persons  must  be  prepared  by  the  priest  himself 
for  absolution  and  the  other  Sacraments.128 

III.  A  penitent  who  is  guilty  of  gross  neglect  in  the  examina- 
tion of  conscience  makes  per  se  an  invalid  and  sacrilegious  con- 
fession; he  must,  of  course,  be  sufficiently  conscious  of  such 
neglect  in  order  to  incur  this  sin.  The  malice  of  the  offense 
consists  in  the  risk  of  omitting  some  mortal  sin,  and  so,  though 
none  may  have  been  actually  left  out,  the  penitent  has  sinned 
gravely  by  consciously  exposing  himself  to  the  danger. 

IV.  In  order  to  make  a  good  examination  of  conscience  the 
penitent  should  adopt  some  system;  the  simplest  and  easiest 
method  is  to  go  through  the  commandments  of  God  and  of  the 

127  Mazzotta  1.  c. ;  Aertnys,  1.  c.  De  Poenit.  cp.  III.  §  2,  n.  186. 
12S  Aertnys,  I.e.  De  Poenit.  cp.  III.  art.  III.  §  2,  n.  186. 


220  THE    RECIPIENT    OF    PENANCE 

Church,  the  various  kinds  of  sins  (especially  the  Seven  Capital 
Sins),  and  the  nine  ways  of  participating  in  sin;  it  is  also  recom- 
mended to  call  to  mind  particular  hours  and  days.  Theologians 
give  many  other  methods  besides  for  this  examination.  Reuter 
recommends  the  penitent  to  recall  where  he  was  each  day,  what 
was  done,  and  what  sins  were  committed  by  thoughts,  wishes, 
and  desires,  words,  and  works ;  how  he  has  conducted  himself  at 
home,  in  church,  with  his  neighbors;  the  author  considers  that 
by  this  means  repetition  will  be  avoided.  To  examine  the  con- 
science according  to  this  method  would  be  to  exercise  not  only 
diligentia  sufficiens  but  magna omnino  diligentia.129  Sporer,  approv- 
ing the  method  recommended  by  Gobat,  offers  a  compendious 
system  for  penitents  who  lead  a  fairly  uniform  existence  and  for 
whom  the  examination  of  conscience  extends  over  a  longer  time, 
some  months  or  half  a  year.  The  penitent  should  consider 
three  periods :  (1)  an  ordinary  working-day ;  (2)  a  Sunday;  (3)  an 
exceptional  day  in  which  he  has  traveled,  clone  some  particular 
business,  been  present  at  a  wedding  or  a  dinner,  etc.130  One  who 
has  only  to  examine  a  short  interval  may  call  to  mind  how  he 
has  sinned  against  God,  his  neighbor,  and  himself,  by  thoughts, 
words,  and  deeds. 

V.  The  following  directions  are  given  by  approved  moralists 
to  determine  whether  any  carelessness  in  the  examination  of 
conscience  is  a  mortal  or  venial  sin  and  whether  in  consequence 
the  confession  has  been  valid  or  not. 

1 .  Those  may  rest  in  perfect  security  who,  being  neither  too 
strict  nor  too  lax,  experience  no  misgiving  or  anxiety  on  the  care 
which  they  have  devoted  to  the  examination  of  their  conscience. 

2.  If  a  man  doubts  whether  he  has  been  guilty  of  more  or 
less  carelessness  and  discovers  after  confession  that  he  has 
omitted  more  sins  than  he  has  confessed,  he  must  acknowledge 

129  Lehmkuhl,  1.  c.  n.  344. 

130  Cf.  Stotz,  Tribunal  Pcenitentice,  Lib.  I.  P.  I.  Q.  T.  art.  9,  Praxis  examinis 
pro  Confessiane,  and  Lib.  I.  P.  III.  Q.  III.  art.  1  ss.  Syllabus  peccatorum. 


THE    EXAMINATION    OF    CONSCIENCE  221 

himself  guilty  of  gravely  sinful  neglect;  if,  however,  he  has  con- 
fessed more  sins  than  he  has  omitted,  it  may  be  assumed  that 
he  has  not  been  guilty  of  great  carelessness. 

3.  If  a  penitent's  last  confession  was  made  one  or  two  weeks 
before  and  he  accuses  himself  of  mortal  sins,  giving  the  number 
of  times  in  quite  a  vague  and  doubtful  fashion,  e.g.,  I  have  com- 
mitted sins  against  holy  purity  three  or  four  times,  there  is  a 
strong  suspicion  that  he  has  been  gravely  careless  in  the  exami- 
nation of  his  conscience.131 

It  should  be  noticed  that  if  a  penitent,  from  experience  of 
his  own  weakness,  is  afraid  that  by  a  prolonged  examination  of 
his  sins  he  will  again  consent  to  them,  he  may  confine  himself 
to  a  rapid  glance  at.  them,  though  he  knows  that  for  want  of 
further  examination  many  will  be  omitted,  since  in  any  case  the 
risk  of  committing  «in  must  be  avoided.  A  confessor  must  ob- 
serve the  same  gup.rdedness  in  putting  questions  on  sins  against 
the  angelic  virtue  fts  we  shall  see  later. 

If  the  penitent  fo  troubled  with  scruples,  it  is  better  for  him 
not  to  go  so  thoroughly  into  his  examination  of  conscience, 
otherwise  confession  would  become  too  burdensome,  and  experi- 
ence shows  that  such  penitents  become  only  more  confused,  the 
more  they  examine  themselves;  indeed  they  should  be  forbidden 
any  long  and  anxious  attention  to  themselves. 

Let  the  confessor  impress  upon  worrying  souls  that  the  great 
thing  for  them  is  to  hive  the  wish  to  confess  all,  that  God 
recognizes  the  good  will,  and  that  this  is  shown  by  praying  for 
grace  to  make  a  good  examination  of  conscience,  and  that  even 
if  a  sin  be  forgotten  without  any  fault  it  is  remitted,  and  that 
the  time  between  confession  and  communion  should  not  be 
occupied  with  the  recalling  of  one's  past  sins,  but  that  the  mind 
should  be  fixed  on  the  future.132 

131  Mazzotta,  1.  c.  Disp.  I.  Q.  II.  cp.  I  (Lacroix) ;  Reuter,  Theol.  Mor.  P. 
IV.  n.  311 ;  Sporer,  1.  c.  n.  367. 

132  Compare  Renninger-Gopfert,  Pastoraltheologie,  I  BcL  I  Tl.  §  66. 


222  THE    RECIPIENT    OF    PENANCE 

29.   Invalid  Confessions. 

Confessions  may  be  either  invalid  or  merely  defective.  If 
only  defective  but  not  invalid,  the  defect  should  be  supplied, 
but  there  is  no  need  to  repeat  the  confession;  if,  however,  they 
are  invalid,  they  must  be  repeated.  This  repetition  need  not 
always  be  made  in  the  same  manner. 

A  confession  may  be  invalid  through  the  fault  of  the  penitent 
or  through  that  of  the  confessor. 

A  confession  may  be  invalid  through  the  penitent's  fault :  — 

1.  By  a  gravely  sinful  defect  in  the  examination  of  con- 
science. 

2.  By  culpable  and  deliberate  concealment  of  anything  which 
ought  to  be  confessed,  or  by  a  gravely  sinful  lie  in  confession. 

3.  By  the  want  of  contrition  and  purpose  of  amendment; 
and  this  defect  is  to  be  found  among  recidivi  as  well  as  those 
who  refuse  restitution  or  reconciliation  with  their  enemies. 

4.  By  want  of  good  will  to  carry  out  the  penance  imposed, 
and  to  undertake  other  duties  which  bind  under  pain  of  griev- 
ous sin,  if  the  good  will  is  wanting  at  the  time  of  receiving  abso- 
lution. 

5.  By  ignorance  of  those  truths  which  must  be  known  neces- 
sitate medii  in  order  to  gain  salvation. 

6.  By  receiving  absolution  while  still  under  a  sentence  of 
excommunication.  Among  the  principal  effects  of  such  a  sen- 
tence must  be  counted  privatio  sacramentorum ,  so  that  any  one 
receiving  the  Sacraments  in  this  condition  incurs  a  mortal  sin 
by  breaking  the  law  of  the  Church.  One  may  be  saved,  how- 
ever, from  grievous  sin  in  this  matter  by  inculpable  ignorance, 
fear  of  death  or  mutilation,  great  disgrace  or  serious  loss  of  for- 
tune, etc.,  as  well  as  by  the  necessity  of  obeying  the  law  of 
yearly  confession  and  communion  when  there  is  no  priest  with 
faculties  for  absolving  from  censures,  for  the  law  of  the  Chinch 
is  not  so  severe  as  to  bind  its  subjects  to  suffer  grievous  damage. 


IX  VALID    CONFESSIONS  223 

It  is  illicit  and  even  sacrilegious  for  an  excommunicated 
person  to  receive  the  Sacraments,  though  the  reception  is  valid 
except  in  the  case  of  the  Sacrament  of  Penance.  But  when 
the  excommunicated  person  is  in  good  faith  and  thinks  he  may 
receive  absolution,  such  absolution  is  valid,  it  being  presumed 
of  course  that  he  goes  to  confession  with  the  necessary  dis- 
positions. Such  a  case  might  occur  when,  through  invincible 
ignorance  or  forgetfulness,  he  omits  to  mention  the  censure  of 
excommunication,  or  when  the  priest  does  not  know  of  it  or 
forgets  for  the  moment  that  such  a  censure  is  attached  to  cer- 
tain sins,  or,  again,  even  where  the  priest  knowingly  absolves 
the  penitent,  though  unprovided  with  faculties  for  the  case, 
because  the  penitent  is  in  one  of  the  cases  of  necessity  men- 
Im  tned  above  and  the  priest  feels  it  his  duty  to  give  absolution, 
or  even  if  ex  malitia  he  absolves  a  penitent  who  believes  him 
to  have  faculties.133 

On  the  part  of  the  confessor  the  confession  may  be  made  in- 
valid if  he  has  not  the  necessary  jurisdiction  or  intention,  or  if 
he  omits  something  essential  in  the  formula  of  absolution,  or  if 
through  deafness  or  inattention  or  the  indistinctness  of  the 
penitent's  utterance  he  has  not  understood  any  sin.  If,  how- 
ever, through  no  fault  of  the  penitent  the  priest  missed  some 
sins,  even  mortal  sins,  the  confession  would,  according  to  the 
probable  opinion,  be  valid  if  he  heard  part  of  the  accusation; 
those  sins,  however,  which  had  not  been  understood  ought  to 
be  repeated.  If  in  the  course  of  confession  the  penitent  ob- 
serves that  the  confessor  does  not  understand  because  he  is 
asleep  or  distracted,  the  penitent  must  repeat  what  the  priest 
has  failed  to  hear;  if,  in  spite  of  this,  the  penitent  were  to  con- 
tinue the  confession  (mala  fide),  it  would  be  sinful  and  invalid 
and  ought  to  be  repeated.  If  at  the  end  of  the  confession  the 
penitent  sees  that  the  confessor  has  been  sleepy  or  distracted 

133  Cf.  Gury-Ballerini,  II.  De  Censuris,  n.  900,  Not.  1-4,  also  n.  430,  Q.  7: 
S.  Alph.  Lib.  VI. n.  430.  in  fine;    Aertnys,  1.  c.  De  Censuris,  n.  39. 


224  THE    RECIPIENT    OF    PENANCE 

and  so  has  missed  some  of  the  sins,  though  he  does  not  know 
which  have  been  missed,  he  must  begin  again  unless  the  ac- 
cusation has  been  a  long  one,  in  which  case  it  is  enough  if  the 
penitent  repeat  what  he  thinks  the  confessor  may  have  missed, 
for  it  may  be  presumed  that  Christ  never  intended  to  prescribe 
perfect  confession  when  attended  with  such  inconvenience.134 

With  respect  to  repeating  confessions  the  following  principles 
are  accepted :  — 

I.  If  a  confession  is  invalid,  the  sins  mentioned  in  it  must  be 
repeated;  otherwise,  the  ensuing  confession  is  invalid,  for  those 
sins  were  never  remitted  by  the  power  of  the  keys,  and  in  con- 
sequence they  must  be  again  submitted  to  the  tribunal. 

II.  The  duty  of  repeating  a  confession  urges  as  soon  as  there 
is  a  moral  certainty  that  said  confession  was  null ;  if,  how- 
ever, the  confession  has  certainly  been  made  and  there  is  doubt 
only  as  to  its  validity,  the  presumption  is  in  favor  of  its  validity. 
It  is,  however,  advisable  to  repeat  a  doubtfully  valid  confession. 

There  is  no  difficulty  where  the  penitent  has  willfully  con- 
cealed or  never  intended  to  give  up  a  mortal  sin  or  never 
avoided  a  voluntary  occasion  of  sin,  and  in  other  such  cases, 
for  the  confession  was  unquestionably  invalid  and  sacrilegious. 
It  is  more  difficult,  however,  to  determine  at  times  on  the 
validity  of  a  confession  when  the  penitent  has  frequently  re- 
lapsed without  being  voluntarily  and  continually  in  the  occasion 
of  sin.  If  a  penitent  shortly  after  confession  falls  frequently 
into  sin  on  the  first  occasion  that  offers,  without  making  any 
resistance,  the  presumption  is  that  the  confession  was  deficient 
in  the  required  contrition  and  purpose  of  amendment,  and  that 
in  consequence  it  was  invalid.  If,  however,  after  confession 
he  usually  makes  some  effort,  the  nullity  of  the  confession  is 
not  certain,  and  the  confessor  may  not  force  him  to  repeat  the 
confession,  but  he  will  do  well  to  counsel  him  to  do  so  when  his 

134  S.  Alph.  Lib.  VI.  nn.  498,  499 ;  Lugo,  Disp.  16,  n.  607;  Suarez,  Disp. 

28,  s.  2,  n.  12  (sententia  communis). 


IS  VALID    CONFESSIONS  225 

dispositions  improve  and  he  is  earnest  in  his  contrition  and  in 
his  efforts  to  make  a  permanent  reform.1''5 

III.  Invalid  confessions  must  be  repeated  in  their  entirety 
when  new  confession  is  made  to  another  priest  who  has  no  knowl- 
edge of  the  sins  contained  in  the  preceding  invalid  confessions, 
for  this  knowledge  is  necessary  in  order  to  pronounce  judgment; 
hence  it  is  not  enough  for  a  penitent  to  accuse  himself  merely 
of  having  made  one  or  more  invalid  confessions. 

IV.  If  the  confession  is  made  to  a  priest  who  has  heard  the 
invalid  confessions,  and  in  consequence  has  already  passed  sen- 
tence on  the  individual  sins  and  has  at  least  a  knowledge  in 
conjuso  of  the  penitent's  state,  it  is  sufficient  to  summarize  the 
accusation  of  previously  confessed  sins  in  the  form,  "I  accuse 
myself  of  the  sins  already  mentioned  in  .  .  .  confession,"  men- 
tioning if  the  previous  confessions  were  invalid  through  want 
of  integrity,  and  supplying  this  want  by  a  distinct  and  separate 
accusation  of  the  sin  or  sins  omitted.130  The  previous  confes- 
sions were  sacramental,  since  they  were  made  with  a  view  to 
obtain  absolution,  though  deprived  of  their  sacramental  efficacy 
through  the  fault  of  the  penitent;  hence  a  general  repetition  of 
them  in  connection  with  the  knowledge  which  the  confessor  had 
of  the  individual  sins  may  be  considered  as  sufficient  to  form 
a  judgment.  If  a  penitent  wishes  to  make  a  general  confession, 
the  distinction  between  the  usual  confessor  and  any  other  is 
not  of  so  great  moment,  except  where  the  confessor  or  the  peni- 
tent is  intent  upon  the  minimum  necessarium;  the  usual  confessor 
of  the  penitent  may,  however,  be  satisfied  with  less  care,  since 
he  knows  already  the  previous  sins  of  his  penitent.  In  this 
case,  however,  he  must  have  notitiam  saltern  confusam  stains 
pci'nitentis ;  for  this  it  is  not  necessary  that  he  should  be  able  to 

135  Cf.  §§  03.  64,  where  the  recidivi  are  treated  of.  and  Lehmkuhl,  1.  c.  Sacr. 
Poenit.  Sect.  II.  cp.  II.  Confessio,  art.  III.  $  •_',  n.  317. 

186  S.  Alph.  1.  e.  n.  .102;  II.  A.  u.  -1 1 ;  Lacroix,  1.  e.  n.  216;  Lugo,  Disp.  1H, 
n.  638  :   Elbel,  n.  2."):;,  etc. 


226  THE    RECIPIENT    OF   PENANCE 

recall  the  number  and  circumstances  of  the  sins  in  question:  a 
remembrance  of  the  different  species  and  their  number  in  gen- 
eral suffices. 

The  confessor  will  have  acquired  this  notitia  confusa  from 
previous  confessions  and  from  the  questions  which  he  puts  to 
the  penitent.  Such  knowledge  is  sufficient  in  so  far  as  it  is 
connected  with  a  knowledge  of  previous  sins,  and  that  will  be 
the  case  where  the  general  confession  is  made  to  the  same  priest. 

If,  however,  the  priest  can  only  vaguely  call  to  mind  his  past 
treatment  of  the  penitent,  he  should  put  some  questions  to  him 
in  order  to  form  an  idea  of  the  state  of  his  conscience;  but  he 
may  absolve  without  this  precaution,  if  from  the  penances  which 
he  has  been  in  the  habit  of  giving  to  his  penitent  he  can  form 
a  judgment  as  to  the  state  of  his  soul.137 

The  same  plan  may  be  adopted  in  the  case  in  which  a  man 
after  making  his  confession  is  sent  away  without  absolution, 
and  afterwards  returns  to  receive  it,  the  confessor  in  the  mean- 
time retaining  no  recollection  of  the  sins.  Undoubtedly  in  such 
a  case  a  notitia  confusa  is  sufficient,  and  on  the  strength  of  it  ab- 
solution may  be  given.  Nay,  more :  if  the  penitent's  absolution 
had  been  delayed  for  some  reason  not  connected  with  want  of 
necessary  dispositions,  the  confessor  might  be  satisfied  with  the 
remembrance  that  the  penitent  was  in  right  dispositions  for 
absolution  and  had  received  a  penance  in  proportion  to  the  sin. 
Of  course  it  is  always  understood  that  no  fresh  mortal  sin  has 
been  committed  in  the  interval  between  the  confessions;  other- 
wise it  must  be  confessed  and  a  new  act  of  sorrow  and  resolution 
of  amendment  must  be  made.138 

On  the  same  principles  we  may  answer  the  question  already 
discussed  as  to  whether  a  man  who  recounts  his  sins  (mere  his- 
torice)  to  a  priest  (qua  amico)  —  to  obtain  advice,  for  instance 

137  Cf .  S.  Alph.  1.  c.  n.  502,  dub.  2 ;  also  Suarez,  Lugo,  Vasquez,  Laymann, 
and  other  theologians. 

138  Suarez,  Disp.  22,  Sect.  G.  and  Lugo,  Disp.  10.  Sect.  15,  n.  030. 


INVALID    CONFESSIONS  227 

—  is  bound  to  retail  them  explicitly  if  in  consequence  of  the 
priest's  advice  he  desires  to  receive  absolution ;  or  the  question 
might  be  put  thus :  What  knowledge  or  recollection  of  the  sins 
must  the  priest  have  so  that  on  the  strength  of  a  perfunctory 
accusation  couched  in  general  terms  he  may  give  absolution? 
.Many  theologians,  among  them  Lacroix  and  St.  Alphonsus, 
require  a  distincta  memoria  of  all  the  sins,  because  the  preceding 
confession  was  not  made  to  the  priest  as  a  judge  in  the  Sacra- 
ment, and  so  cannot  be  a  sacramental  confession;  but  a  sac- 
ramental confession  is  made  only  when  the  confessor  has  a 
distincta  memoria  of  the  sins  narrated  at  the  time  when  the  sum- 
mary of  the  accusation  is  made ;  if  the  priest  remembers  them 
only  in  confuso  or  ex  parte,  the  penitent  must  once  more  make  a 
distinct  accusation  of  his  sins  in  ordinc  ad  absolutionem.  The 
opposite  view  is  taught  by  Lugo,  who  maintains  that  it  is  com- 
munis, for  almost  all  theologians  teach  that  the  memoria  confusa 
is  sufficient  whatever  may  have  caused  the  defect  in  the  previous 
confession.  He  grants  that  the  mere  narration  of  the  sins  is  in 
no  way  sacramental,  that  no  judicial  accusation  has  been  made, 
that  it  is  merely  a  friendly  confidence ;  this  previous,  though  not 
sacramental,  narration  which  still  remains  memoria  non  omnino 
distincta,  may  become  in  a  certain  manner  sacramental  by  the 
ensuing  (summarized)  accusation,  sufficient  for  the  purposes  of 
the  Sacrament;  not  because  the  previous  narration  was  sac- 
ramental in  itself,  for  it  was  not  so,  but  in  so  far  as  the  later 
accusation,  joined  with  the  recollection  which  the  confessor  has 
of  the  sins  previously  mentioned,  supplies  (lie  priest  with  the 
knowledge  necessary  for  the  Sacrament.138  Thus  Lugo  combats 
successfully  the  objections  and  reasons  of  his  opponents. 

Still  in  Lugo's  proof  and  that  of  his  supporters  the  difficulty 
must  not  be  overlooked  that  the  narration  has  no  sort  of  relation 

139  Lugo,  1.  c.  Disp.  16,  nn.  6:57,  638.  Cf.  Suarez,  De  Poenit.  Disp.  22, 
Sect.  6,  n.  5 ;  Con inck,  Disp.  1,  n.  45;  [listing-,  De  Poenit.  Disp.  6,  n.  L52, 
etc. 


228  THE    RECIPIENT    OF    PENANCE 

to  the  Sacrament  of  Penance,  either  in  the  mind  of  the  narrator 
or  that  of  the  priest,  and  that  in  consequence  the  reasons  brought 
forward  in  the  case  above  mentioned  are  not  quite  convincing. 
Aertnys  consents  to  Lugo's  decision  —  that  is,  he  considers  the 
repetition  of  the  accusation  as  unnecessary  only  when  the  con- 
fessor at  the  time  when  the  summary  of  the  sins  is  made  has 
a  distincta  memoria  eorum,  since  the  general  accusation  of  the 
penitent  along  with  the  notitia  distincta  of  tha  confessor  is 
equivalent  to  a  distincta  confessio.li0  And  Lehmkuhl  regards 
Lugo's  view  as  quite  probable  only  when  the  priest  is  enter- 
taining hopes  as  he  listens  to  the  narration  of  getting  the  man 
to  make  a  sacramental  confession,  though  such  a  thought  may 
be  very  far  from  the  man's  mind  at  the  time.  The  accusation 
of  the  penitent  may  not  be  intentionally  sacramental,  while  the 
attention  of  the  priest  has  already  begun  to  assume  a  judicial 
and  sacramental  form  and  is  inchoative,  at  least,  a  distinctly 
judicial  investigation  such  as  would  seem  sufficient  when  the 
penitent  on  his  part  gives  his  consent  to  carry  out  the  distinct 
judicial  act.  If,  however,  the  penitent  in  the  course  of  his 
narration  never  hinted  at  the  idea  of  a  sacramental  accusation 
and  the  priest  never  adverted  to  it,  the  teaching  of  St.  Alphon- 
sus  would  seem  to  prevail,  for  in  such  a  case  a  distincta  notitia 
judicialis  never  existed,  unless  a  distincta  memoria  were  retained 
by  the  priest;  but  the  sacramental  sentence  which  has  to  be 
pronounced  over  every  mortal  sin  is  based  solely  on  a  judicial 
knowledge  of  them. 


141 


30.   General   Confession. 

The  repetition  of  former  confessions,  whether  of  all  the  con- 
fessions of  a  lifetime  or  of  those  last  made,  is  called  a  general 
confession.  It  is  necessary  for  many  penitents,  useful  to  others; 
to  a  few  only  it  may  be  said  to  be  harmful. 

140  Aertnys,  1.  c.  art.  ITT.  Confessio,  §  4,  n.  203,  Q.  2. 
!«  Lehmkuhl,  1.  c.  n.  348. 


GENERAL    CONFESSION  229 

1.  General  confession  is  necessary  for  all  who  have  made  in- 
valid confessions.  St.  Alphonsus  remarks  on  this  subject  that 
it  is  a  frequent  experience  in  missions  that  bad  confessions  have 
to  be  set  right;  hence  he  advises  missioners  that  since  the  good 
of  missions  consists  mainly  in  setting  right  bad  confessions, 
they  should  in  all  their  discourses  be  urgent  in  explaining  the 
heinousness  of  sacrilege  and  how  many  souls  are  lost  by  conceal- 
ing mortal  sins  in  confession.  Experience  teaches  that  many 
people  are  overcome  by  false  shame  so  as  to  conceal  their  sins 
even  in  the  confessions  which  they  make  to  the  fathers  giving 
the  mission.  If  at  so  solemn  a  time  as  a  mission  such  people 
fail  to  set  right  their  bad  confessions,  what  hope  is  there  of  their 
salvation  ?  If  in  the  confession  which  they  make  to  the  missioner 
they  cannot  overcome  their  shame,  how  will  they  do  it  when 
they  confess  to  the  local  priest?  There  is  indeed  good  reason 
for  ever  and  again  insisting  on  the  general  confession.142  Hence 
it  is  very  desirable  that  the  local  priests  at  the  time  of  a  mission 
should  refrain  from  hearing  confessions,  and  surrender  their  con- 
fessionals to  the  fathers  who  give  the  mission  (or  to  some  strange 
priests  called  in  for  the  special  work  of  hearing  the  confessions), 
for  some  of  the  faithful,  if  they  see  their  usual  confessor  in  attend- 
ance, may  be  deterred  from  going  to  a  strange  priest  and  con- 
tinue to  make  sacrilegious  confessions.  It  not  unfrequently 
happens  that  people  whom  we  would  never  suspect  have  most 
need  of  freedom  in  this  respect.143 

It  frequently  happens  that  a  confessor  thinks  a  general  con- 
fession necessary  when  the  penitent  is  not  at  all  convinced  of 
its  necessity.     Whether  the  penitent  is  to  be  advised  in  such  a 

142  Silva,  part  3,  cp.  6. 

143  Cf.  S.  Alph.  1.  c.  cp.  9.  If  the  confessor  is  morally  certain  that  the 
former  confessions  were  bad,  he  must  unquestionably  insist  on  their  repe- 
tition ;  if  he  has  only  doubts,  he  cannot  impose  on  the  penitent  an  absolute 
obligation.  In  dubio  standum  est  pro  valore  actus.  Cf .  S.  Alph.  Prax.  Conf. 
n.  20;  Segneri,  Tnstr.  poen.  cp.  15;  Carol.  Borom.  Act.  Med.  p.  877 ;  lin- 
ger, Pastoraltheologie,  Bd.  II.  §  70,  S.  470,  2.  Auflage. 


230  THE    RECIPIENT    OF    PENANCE 

case  to  make  a  general  confession  will  be  determined  by  the  rules 
which  are  given  as-  to  the  duty  of  instructing  the  penitent  01 
leaving  him  to  himself  (§  55) ;  for  if  the  penitent  suspects  noth- 
ing of  the  nullity  of  his  previous  confessions,  the  confession 
which  he  now  makes  in  good  faith  and  proper  dispositions  is 
valid,  and  by  virtue  of  it  the  sins  mentioned  in  former  invalid 
confessions  are  indirectly  remitted  and  need  only  be  repeated 
when  the  conscience  awakes  to  the  fact.  Moreover,  a  prudent 
confessor,  if  he  fails  to  persuade  a  penitent  of  the  necessity  of 
a  general  confession,  may  succeed  by  a  few  questions  in  making 
the  confession  practically  a  general  one.  Indeed,  unless  the 
penitent  takes  it  in  bad  part  the  priest  may  by  a  little  adroitness 
elicit  a  general  confession;  then  he  must,  before  giving  abso- 
lution, let  the  penitent  know  that  he  has  made  a  general  confes- 
sion. The  case  may  also  occur  where  the  penitent  has  made 
one  or  more  sacrilegious  confessions  and,  quite  forgetful  of  this 
circumstance,  has  begun  to  make  valid  confessions  without  ever 
setting  right  the  bad  ones;  this  not  unfrequently  happens  to 
children.  In  this  case  the  general  confession  need  only  extend 
over  the  sacrilegious  confessions.144 

2.  Of  the  great  usefulness  of  general  confession,  popes,  saintly 
bishops,  founders  of  orders,  and  the  great  doctors  of  the  Church 
all  speak  in  most  unmistakable  terms.  The  learned  Benedict 
XIV,  in  his  instructions  on  the  preparation  of  the  faithful  for 
a  fruitful  celebration  of  the  Jubilee,  directs  priests  who  give  the 
missions  to  impress  on  thf1  people  again  and  again  the  great 
profit  of  general  confession.  They  are  to  urge  them  to  penance, 
and  to  instruct  them  how  to  receive  the  Sacrament  validly  and 
profitably:  they  are  to  proclaim  that  it  is  absolutely  necessary 
to  repeat  former  bad  confessions,  and  they  should  take  all  pos- 
sible pains  to  exr.it°  to  a  generai  confession  even  those  who  do 
not  feel  any  necessity  for  repeating  their  sins  again.     "For  if 

144  S    Aiph   Praxis  Confess,  n.  22  ;  cf.  Aertnys,  Theol.  Pastor,  complectens 
Practicam  Tnstitut.  Confessarii,  P.  IIT.  cp.  YIN.  art.  II.  n.  245. 


GENERAL    CONFESSION  231 

it  is  not  necessary  to  mention  again  our  former  sins,  we  regard 
such  repetition  as  very  profitable  on  account  of  the  confusion 
connected  with  such  avowal,  which  is  an  important  part  of  pen- 
ance, as  our  predecessor,  Benedict  XT,  teaches  in  this  Decretal 
Inter  Cunctas."  He  also  appeals  to  St.  Charles  Borromeo,  who 
in  his  Manila  ad  Confessarios  proclaims  the  usefulness  of  general 
confession  and  recommends  it.  "Confessors,"  says  the  saint, 
"ought,  with  due  regard  to  persons,  times,  and  places,  urge  their 
penitents  to  make  a  general  confession,  that  thus  by  a  thorough 
examination  of  their  lives  they  may  turn  to  God  with  greater 
peace  of  mind  and  repair  all  faults  which  have  been  committed 
in  former  confessions."  As  another  witness  for  the  usefulness 
of  this  practice,  Benedict  XIV  adduces  St.  Francis  of  Sales 
who,  in  many  places  in  his  works,  insists  strongly  on  the  prac- 
tice. Thus  he  writes  to  a  widow  concerning  her  father:  The 
counsels  which  I  give  him  I  reduce  to  two  points :  the  first  one 
is  that  he  should  institute  a  careful  examination  of  his  whole 
life  with  a  view  to  making  a  general  confession  and  performing 
a  corresponding  penance,  —  this  is  a  means  which  no  sensible 
man  will  despise  in  presence  of  death;  the  other  is  that  he 
should  continually  endeavor  to  wean  his  mind  from  the  vanities 
of  the  world.145  Benedict  then  refers  to  the  rules  which  St.  Vin- 
cent de  Paul  gave  to  his  mission-priests,  in  which  he  exhorts 
them  to  encourage  general  confessions.  In  the  life  of  the  holy 
founder  it  is  recorded  what  great  fruits  were  reaped  from  the 
general  confessions  which  were  made  during  the  missions  held 
by  those  priests."6 

The  advantages  of  general  confession  are  thus  briefly  enumer- 
ated by  St.  Ignatius  in  his  Book  of  the  Exercises:  (1)  We  gain 
greater  fruit  and  merit  on  account  of  the  deeper  contrition  with 
which  we  approach  the  Sacrament;  (2)  we  are  better  able  to 
realize  the  malice  of  sins  committed;    (3)  we  are  in  better  dispo- 

ur>  S.  Franc.  Sal.  Oper.  Ed.  Paris  1669.  Tom  L  p.  914,  n.  G. 
1"1  Benedict  XIV.  Const,  Apostolus,  26  Jan.  1749,  nn.  16,  17. 


232  THE    RECIPIENT    OF   PENANCE 

sitions  for  receiving  holy  communion,  and  we  are  more  dis- 
posed to  shun  sin.  Moreover,  the  Directorium  of  the  Exercises, 
a  work  composed  by  a  member  of  the  Society  of  Jesus  and  edited 
by  the  General  Claudius  Aquaviva,  adds  the  following  observa- 
tion :  If  the  general  confession  offered  no  other  advantage,  the 
following  fact  would  sufficiently  recommend  it;  experience 
proves  that  men  for  the  most  part  go  to  confession  either  with- 
out proper  examination,  or  without  the  required  contrition,  or 
with  but  a  weak  purpose  of  amendment ;  the  general  confession 
comes  in  most  opportunely  to  give  peace  of  mind,  to  remove 
scruples,  which  sooner  or  later,  or  at  least  at  the  hour  of  death, 
come  to  torture  the  soul  and  expose  it  to  the  danger  of  losing 
eternal  salvation. 

Segneri  also  very  earnestly  recommends  general  confession. 
It  is  a  very  safe  and  useful  plan  to  examine  one's  life  thoroughly 
at  least  once,  and  to  set  it  right  by  a  general  confession,  and  to 
keep  up  the  practice  at  fixed  intervals  of  a  year,  or  even  oftener, 
of  making  a  general  confession  beginning  from  the  last.  The 
advantage  of  this  practice  is  that,  seeing  all  our  faults  and  sins 
at  a  glance,  we  are  filled  with  greater  confusion  and  sorrow  and  are 
impelled  to  be  more  humble;  besides  the  fear  of  God's  justice 
will  grow  in  us  when  we  see  our  sins,  past  and  present,  hanging 
like  a  great  mountain  over  us,  so  that  we  are  compelled  to  cry 
out  with  Esdras  —  "Our  sins  are  grown  up  even  unto  heaven." 
(Esdr.  ix.  6.)  And  who  does  not  see  how  difficult  it  is  without 
such  a  confession  to  obtain  that  most  priceless  of  blessings, 
peace  of  mind,  at  least  if  the  frequent  relapses  into  sin  are  due 
to  a  want  of  preparation?  Oh,  how  many  confessions  are 
thought  to  be  valid  and  are  not  so  in  reality !  "7 

Finally,  the  words  of  St.  Alphonsus  deserve  a  place  here: 
"I  advise  every  one  who  has  not  yet  done  so  to  confess  all  the 
sins  which  he  has  ever  committed  in  his  life,  and  I  advise  not 

147  Instruct,  poenit.  cp.  16. 


GENERAL    CONFESSION  233 

only  those  who  have  made  sacrilegious  confessions  by  conceal- 
ing mortal  sins,  or  whose  confessions  have  been  invalid  through 
want  of  previous  examination  of  conscience  or  of  true  contri- 
tion, but  those  also  who  are  anxious  to  begin  a  new  life ;  for  this 
purpose  a  general  confession  is  very  useful."  148 

Hence,  general  confession  is  useful :  (1)  for  adults  who  have 
not  already  made  one ;  (2)  especially  for  such  as  have  reason- 
able misgivings  about  the  validity  of  past  confessions;  (3)  for 
those  who  wish  to  start  a  new  and  better  life;  (4)  before  enter- 
ing on  a  new  state  of  life,  hence  before  marriage,  before  receiving 
Orders  or  making  the  profession  in  a  religious  community ;  (5)  at 
the  time  of  a  jubilee  or  mission,  or  of  the  spiritual  exercises,  for 
these  are  special  occasions  of  grace  and  penance ;  (6)  for  persons 
who  are  in  danger  of  death,  while  their  strength  permits,  and 
for  those  who  have  to  expose  their  lives  to  any  danger. 

Those  who  have  once  made  a  good  general  confession,  espe- 
cially if  they  are  of  mature  age,  may  set  their  minds  at  ease  on 
that  portion  of  their  existence,  and  such  people  should  not  be 
easily  allowed  to  repeat  their  general  confession  unless  for  very 
weighty  said,  exceptional  reasons.  These  frequent  repetitions  do 
more  harm  than  good.  The  desire  of  repeating  the  general  con- 
fession is  usually  a  sign  of  a  certain  want  of  trust  in  God  and  of 
scrupulosity.  If  a  penitent  of  this  kind,  after  his  general  con- 
fession, is  uneasy  about  some  important  point  in  his  former  life, 
because  he  thinks  he  has  not  confessed  something  or  failed  to 
confess  it  properly,  he  may  be  allowed  to  mention  it  in  one  of 
his  ordinary  confessions. 

A  repetition  of  the  confession  of  his  whole  life  may  be  allowed 
to  a  penitent  who  is  free  from  scruples  and  is  full  of  zeal  to  enter 
on  a  perfect  life.  On  the  other  hand,  it  is  well  to  advise  and  even 
to  urge  as  a  very  useful  means  the  practice  of  general  confession 
at  fixed  intervals,  say  of  a  year,  or  a  half  year,  or  when  the  occa- 

148  Instit.  catech.  P.  II.  cp.  5,  u.  11. 


234  THE    RECIPIENT    OE    PENANCE 

sions  mentioned  above  afford  an  opportunity.  If  the  confessor 
has  to  deal  with  a  penitent  who  has  already  once  or  oftener  made 
a  general  confession,  he  should  ask  when  the  last  confession  was 
made  and  why  the  penitent  is  anxious  to  make  it  again.  The 
answer  will  suggest  the  course  to  be  pursued  by  the  confessor : 
(a)  If  the  penitent  can  give  no  definite  reason,  but  speaks  of  a 
general  feeling  of  unrest,  the  confessor  may  ask  what  the  cause 
of  this  unrest  is,  and  whether  in  the  preceding  general  confes- 
sion the  penitent  has  honestly  said  all  he  knew  and  as  he  knew  it, 
whether  he  answered  the  questions  put  by  the  priest  in  all  truth, 
whether  he  was  sorry  for  his  sins,  and  whether  there  was  a  real 
improvement  in  his  way  of  living,  or,  on  the  other  hand,  whether 
he  fell  again  into  sin,  and  when.  If  a  defect  is  discovered  in 
the  preceding  general  confession  it  must  be  repeated;  otherwise 
the  penitent  must  be  shown  how  groundless  his  fears  are  and  en- 
couraged to  trust  in  God.  The  repetition  of  the  general  confession 
must  be  strictly  forbidden,  especially  in  the  case  of  those  troubled 
with  scruples.  At  the  most,  the  accusation  of  one  or  other  sin 
which  gives  most  uneasiness  may  be  permitted,  and  the  penitent 
must  be  engaged  to  think  no  more  about  the  matter,  but  only 
to  make  acts  of  sorrow  when  these  sins  occur  to  his  mind. 
(6)  If,  however,  the  penitent  wishes  to  make  a  general  confes- 
sion because  the  last  one  was  made  a  long  time  ago,  and  many 
mortal  sins  have  been  committed  in  the  interval,  he  should  be 
permitted  to  make  it.  The  period  which  has  been  already  com- 
prised in  a  general  confession  may  be  treated  with  less  detail, 
or  quite  omitted.  A  short  repetition  is,  however,  as  a  rule,  rec- 
ommended since  the  earlier  life  of  the  penitent  throws  light  on 
his  present  condition,  and  he  is  always  more  content  if  the  con- 
fessor has,  at  least,  some  general  perception  of  the  former  state 
of  his  soul,  (c)  If  the  penitent  wishes  to  make  a  general  confes- 
sion for  ascetic  reasons,  e.g.  for  the  sake  of  humility,  of  greater 
purity  of  heart,  etc.,  the  question  is  to  be  settled  as  follows:  If 
the  penitent  is  a  stranger,  he  must  be  referred  to  his  usual  con- 


GENER.  IL    CO  N  FESSION  235 

fessor;  if  he  has  none,  he  must  be  recommended  to  choose  one. 
[f  the  penitent  asks  the  confessor  to  undertake  his  direction, 
and  on  the  strength  of  this  to  receive  his  general  confession,  the 
request  is  not  to  be  granted  at  once.  A  simple  confession  may 
be  made  so  that  the  priest  may  decide  whether  a  general  confes- 
sion be  necessary  to  gain  the  knowledge  required  for  guiding 
the  penitent,  or  at  least  useful,  or  on  the  contrary  harmful  where 
there  exists  a  tendency  to  scruple.  With  one's  ordinary  peni- 
tents, this  procedure  is  not  required  in  order  to  find  out  whether 
a  general  confession  is  or  is  not  advantageous;  the  ascetical 
object  may  be  obtained  by  mentioning  some  of  the  more  humili- 
ating sins  or  by  well-prepared  annual  general  confessions. 

In  the  special  case  of  penitents  who  have  been  living  in  im- 
purity th"  confessor  should  allow  them  only  one  general  confes- 
sion on  that  period  of  their  lives  lest  by  reflecting  on  those  sins 
in  their  examination  of  conscience  sinful  promptings  should 
arise  in  their  imagination,  the  conscience  thus  incurring  fresh 
stains  where  the  object  was  to  purify  it;  after  one  perfect  con- 
fession of  these  sins  the  penitent  should  not  be  allowed,  or  rather 
he  should  be  forbidden,  to  make  any  further  accusation  of  them; 
a  general  accusation  may,  however,  be  made  in  subsequent 
confessions  in  these  or  other  words  of  similar  form:  "I  accuse 
myself  of  all  sins  committed  against  the  sixth  commandment." 
Moreover,  it  is  not  recommended  to  advise  such  penitents  to 
make  a  general  confession  till  they  have  combated  that  vice 
with  success,  unless  some  other  pressing  need  exist  for  making 
a  general  confession.149 

On  the  other  hand,  the  confessor  should  not  omit  to  advise 
those  who  are  dangerously  ill  to  make  a  general  confession,  or 
at  least  a  summary  of  one;  he  may  do  this  by  asking  whether 
anything  in  their  past  life  gives  uneasiness,  whether  they  have 
always  made  good  confessions  and  made  good  acts  of  contrition, 

149  Cf.  Reuter,  Xeo-confessarim,  P.  III.  cp.  '2,  n.  191;  Miiller,  Theol. 
moral.  Lib.  HI.  T.  II.  §  124. 


236  THE    RECIPIENT    OF    PENANCE 

whether  they  have  been  living  in  proximate  occasions  of  sin, 
etc. ;  he  will  thus  have  many  opportunities  of  righting  at  the 
last  moment  sacrilegious  confessions  and  communions  and  res- 
cuing souls  from  hell. 

Since  general  confession  is  so  profitable,  the  confessor  may, 
according  to  the  advice  of  St.  Alphonsus,150  with  the  exception 
of  the  above  case,  receive  penitents  who  wish  to  make  a  general 
confession  of  their  whole  life  or  of  part  of  it  and  that  at  once  if 
they  are  prepared;  he  should  be  most  willing  to  help  them  in 
it  unless  some  obstacle,  as,  for  instance,  the  number  of  penitents 
still  waiting,  or  shortness  of  time,  should  prevent  him  from 
devoting  more  time  to  one  penitent.  He  will  sometimes  find 
that  a  general  confession  which  seemed  to  be  only  useful  turns 
out  to  have  been  necessary.  On  the  other  hand,  the  confessor 
should  refrain  from  forcing  on  a  penitent  a  general  confession 
which  is  not  dictated  by  necessity.151 

3.  General  confession  is  harmful  to  scrupulous  and  even  to 
overanxious  people;  to  such  it  brings  not  peace  of  mind  but 
only  more  scruples ;  hence  they  should  be  dissuaded  from  mak- 
ing a  general  confession;  it  can  only  be  allowed  when  there  is 
complete  certainty  of  the  invalidity  of  past  confessions.  "  Scru- 
pulous penitents,"  says  St.  Alphonsus,  "would  go  on  making 
and  repeating  general  confessions  forever  in  the  hope  of  laying 
aside  their  anxiety,  but  the  evil  only  grows,  for  after  every 
general  confession  they  fall  again  into  new  anxieties  and  scruples, 
thinking  they  have  omitted  some  sin  or  failed  to  confess  it  prop- 
erly, so  that  their  uneasiness  increases  the  oftener  they  repeat 
their  confessions."  152  The  confessor,  in  consequence,  must  be 
on  his  guard  against  such  people  and  not  allow  himself  to  be 
deceived  by  them;  he  may  permit  them  only  to  mention  some 
sin  which  causes  them  very  great  trouble,  and  he  must  instruct 

150  H.  A.  app.  IV.  §  1,  n.  15. 

161  S.  Alph.  Prax.  Conf.  n.  20. 

152  S.  Alph.  Vera  Sponsa,  cp.  18,  §  2. 


GENERAL    CONFESSION  237 

them  to  atone  for  their  defects  by  an  act  of  sorrow.  If,  however, 
the  priest  is  convinced  of  the  invalidity  of  the  former  confes- 
sions of  such  people,  he  should  help  them  through  their  general 
confession  and  after  that  forbid  any  further  examination. 
Moreover,  only  an  experienced,  prudent,  and  skillful  confessor 
should  undertake  the  direction  of  such  persons,  and  a  young 
confessor  should  recommend  them  to  some  holy  man  of  greater 
age.  Moreover,  the  general  confession,  as  we  have  already 
mentioned,  is  a  danger  to  all  those  for  whom  reflection  on  their 
past  sins  is  a  source  of  new  temptations.  It  is  dangerous  for 
those  who  live  in  the  voluntary  and  unnecessary  occasion  of 
sin  and  are  always  relapsing,  who  are  not  really  in  good  disposi- 
tions, and  who  make  a  general  confession  merely  with  a  view  of 
getting  absolution  more  easily;  they  may  be  recognized  by  the 
sins  committed  since  their  last  confession,  and  they  may  be 
admitted  to  a  general  confession  after  being  exhorted  to  give 
up  the  occasions  of  sin  and  to  combat  their  sinful  habits.153 
St.  Leonard  of  Port  Maurice  says  on  this  subject:  "If  the  peni- 
tent is  living  in  the  proximate  occasion  of  sin  without  making 
a  firm  resolution  to  reform,  or  without  giving  signs  of  contrition, 
you  must  give  him  no  encouragement  to  make  a  general  confes- 
sion, for  the  proximate  occasion  must  first  be  removed  and  the 
habit  overcome  at  least  for  a  time.  It  would  else  be  but  labor 
lost,  for  general  confession  is  not  merely  an  institution  for  set- 
ting right  past  confessions,  but  also  for  reforming  one's  life. 
If  no  purpose  of  the  sort  is  in  the  mind  of  the  penitent,  there 
cannot  even  be  a  reasonable  certainty  that  he  will  persevere  in 
his  reform,  and  there  is  no  foundation  upon  which  to  build  up 
virtue.  Exhort  him,  and  suggest  means  for  avoiding  the  occa- 
sions of  evil  and  for  overcoming  sin;  show  him  the  utter  im- 
possibility of  reform  unless  the  occasions  are  given  up,  or,  if 
this  cannot  be,  unless  they  are  made  remote;   urge  him  to  pray 

153  Marc,  Instit.  Morales,  II.  T.  II.  P.  III.  Tract.  V.  Diss.  II.  n.  1712. 


238  THE    RECIPIENT    OF   PENANCE 

and  put  off  the  general  confession  to  another  time.  Only  on 
quite  special  occasions,  e.g.  missions,  or  where  there  are  extraor- 
dinary signs  of  penitence  may  any  fruit  be  expected  from  the 
general  confessions  of  those  who  live  in  occasions  of  sin  and 
show  no  signs  of  improvement."  154 

The  practice  of  many  confessors  is  to  be  deprecated,  who, 
after  hearing  one  or  two  confessions  of  a  penitent,  urge  him  to 
make  a  general  confession,  moved  by  imprudent  zeal  or  in  order 
to  obtain  better  knowledge  for  the  guidance  of  the  penitent. 
Equally  reprehensible  is  the  conduct  of  many  priests  who  give 
way  to  their  penitents,  allowing  them  to  make  often  a  general 
confession,  or,  at  least,  whenever  they  choose  a  new  confessor. 
Such  general  confessions  are  quite  useless  and  are  a  mere  waste 
of  time.155 

31.    The  Manner  of  Hearing  General  Confession. 

As  to  the  method  of  hearing  general  confessions,  the  following 
rules,  the  outcome  of  the  long  experience  of  learned  confessors, 
should  be  observed :  — 

1.  In  order  to  be  fit  for  this  office  a  confessor  should  be  well 
instructed  and  already  experienced  in  hearing  confessions;  he 
must  have  great  patience  and  zeal  for  souls,  and  during  the 
whole  course  of  the  confession  be  very  sympathetic  and  encour- 
aging towards  the  penitent. 

2.  If  a  penitent  expresses  his  desire  to  make  a  general  confes- 
sion, the  priest  should  first  inquire  whether  it  be  necessary  or 
useful.  In  order  to  discover  this  it  is  not  recommended  to  ask 
the  penitent  bluntly  if  he  has  ever  concealed  a  sin  in  his  former 
confessions,  or  any  question  of  the  kind,  for  it  is  quite  possible 
that  the  penitent,  though  guilty  of  the  sin,  may  in  his  bewilder- 
ment deny  it  and  never  again  dare  to  confess  it;    it  is  much 

154  Anleitung  zur  Generalbeichte,  S.  90-92. 

*55  Cf.  Aertnys,  Pract.  Instit,  Confess.  1.  c.  art.  II.  n.  247. 


MANNER    OF    HEARING    GENERAL    CONFESSION       239 

bettor  if  the  confessor  ask  the  penitent  why  he  wishes  to  make 
a  general  confession,  whether  he  feels  uneasy,  etc.  By  such 
questions  or  the  like  he  may  try  to  discover  if  there  have  been 
sacrilegious  confessions.  He  will  often  receive  one  or  other  of 
the  following  answers  :  (a)  "  Because  I  have  kept  sins  back;" 
he  will  then  encourage  his  penitent,  showing  himself  very  kind 
towards  him  and  urging  him  to  be  perfectly  sincere.  (6)  "I 
have  never  yet  made  a  general  confession;"  he  may  then  find 
out  if  it  be  necessary  or  only  useful,  (c)  "I  have  made  a  general 
confession  before,  but  it  was  not  a  good  one."  He  may  then 
ask  why  the  last  general  confession  was  not  a  good  one;  if  the 
penitent  can  give  no  other  reason,  except  his  own  fears,  there 
is  a  fair  presumption  that  he  has  to  deal  with  an  overanxious 
or  scrupulous  penitent,  (d)  " I  heard  in  a  sermon  that  my  con- 
fessions were  bad;"  here  again  the  reason  must  be  asked, 
(e)  The  following  reason  may  also  be  given  especially  during 
a  mission:  "I  want  to  begin  a  better  life;"  in  such  a  case  the 
general  confession  will  be  at  least  very  useful. 

3.  If  the  general  confession  is  necessary  in  consequence  of 
former  confessions  having  been  sacrilegious  or  invalid,  it  must 
be  made  with  great  accuracy  and  the  number  and  species  must 
be  given,  so  far  as  possible,  just  as  though  the  sins  had  never 
been  confessed  before.  It  may  easily  happen,  however,  that 
the  confessor,  though  convinced  of  the  necessity  of  a  general 
confession,  cannot  at  once  hear  it  for  want  of  time  or  on  account 
of  the  great  number  of  penitents  kept  waiting;  while  the  peni- 
tent frequently  cannot  return  again  and  is  quite  uninstructed 
or  of  weak  intellect,  or  is  really  anxious  to  receive  absolution 
or  must  receive  it  in  order  to  fulfill  the  obligation  of  going  to 
communion.  In  such  a  case,  and  especially  when  the  penitent 
discloses  at  once  to  his  confessor  that  his  previous  confessions 
have  been  bad  by  reason  of  not  giving  the  number  of  the  sins, 
and  when  the  confessor  can,  from  the  account  of  sins  committed 
in  the  past  year,  form  a  fair  estimate  of  the  past  life  of  the  sin- 


240  THE    RECIPIENT    OF    PENANCE 

ner,  St.  Alphonsus  recommends  that  absolution  should  be  given 
without  any  repetition  of  previous  confessions.  He  assumes 
that  the  confessor  is  able  to  form  a  gross  estimate  as  to  the 
whole  life  from  what  he  hears  concerning  one  year,  and  that  he 
further  inquires  whether  the  penitent,  besides  his  ordinary  sins, 
is  conscious  of  any  special  ones  in  the  course  of  his  life.  The 
detailed  general  confession  may  be  put  off  to  some  more  oppor- 
tune occasion  which  can  be  arranged  at  once  with  the  penitent. 
The  holy  Doctor  adds  another  instance  to  those  just  mentioned  — 
when  the  confessor  after  hearing  the  confession  discovers  that 
the  penitent  has  failed  in  former  confessions  to  give  the  number 
of  his  sins  and  when,  at  the  same  time,  he  has  a  distincta  notitia 
of  the  sins  and  can  form  upon  them  a  distinction  judicium  on 
the  past  career  of  the  penitent;  if,  however,  he  have  only  a 
notitia  confusa  of  the  sins  confessed,  he  is  obliged  to  form  a  notitia 
distincta  of  the  former  mortal  sins  imperfectly  confessed.  With 
only  a  notitia  confusa  of  the  penitent's  previous  condition  he 
may  not  give  absolution,  for  the  penitent  is  obliged  to  confess 
each  single  sin  once,  and  the  confessor  is  obliged  to  pronounce 
once  a  distinct  judgment  on  the  sins.156  In  the  case,  however, 
where  the  general  confession  is  not  of  necessity,  these  precautions 
in  putting  questions  need  not  be  adopted;  if  the  concourse  of 
penitents  is  very  large,  and  if,  as  frequently  occurs,  in  missions 
or  on  similar  occasions  the  general  confession  cannot  be  put 
off  to  a  more  convenient  time,  the  confessor  may  at  least  make 
a  summary  examination,  asking  only  for  the  species  of  the  sins 
and  the  time  of  duration  of  the  habits  of  sin  without  laying 
stress  on  the  exact  number  and  circumstances  of  each  particular 
sin.  The  priest  must,  of  course,  give  the  penitent  sufficient 
time  to  unburden  his  conscience  and  to  say  all  he  wants  to  accuse 
himself  of,  even  though  such  accusation  be  not  necessary  in 
this  voluntary  general   confession,   so  that   the  penitent  may 

150  S.  Alph.  Lib.  VI.  n.  504;   cf.  Lugo  1.  c.  Disput.  10.  nn.  000,  640;  Ben- 
der, Pastoraltheologie,  II.  Bd.  §  171,  S.  479  (2.  Aufl.). 


MANNER    OF    HEARING    GENERAL    CONFESSION       241 

leave  the  confessional  with  his  mind  quite  at  ease;  thus  he  may 
ask  him  in  general:  "Do  you  accuse  yourself  of  all  sinful 
thoughts,  words,  etc.?"  On  this  account  it  is  recommended 
to  impress  upon  the  penitent  that  in  a  voluntary  general  confes- 
sion'ho  is  not  bound  to  accuse  himself  of  each  particular  sin; 
indeed  this  instruction  is  very  useful,  for  a  penitent  may,  in  the 
course  of  his  confession,  incur  sacrilege  through  false  shame 
and  an  erroneous  conscience  by  keeping  back  a  sin  which  he 
imagines  he  is  obliged  to  tell  in  general  confession.  It  is  an 
invariable  rule  to  avoid  too  great  haste  or  abruptness,  otherwise 
the  penitent  is  not  put  at  his  ease;  hence  it  not  infrequently 
happens  that  a  penitent  accuses  himself  of  not  having  said  all 
he  wanted  to  say  because  the  priest  had  been  too  quick. 

"The  greatest  difficulty  in  general  confessions,"  says  Blessed 
Leonard  of  Port  Maurice,  "is  the  accusation  of  the  number  of 
sins."     To  meet  this  the  following  rules  will  be  of  service :  — ■ 

(a)  If  the  confessor  can  get  at  the  precise  number  of  sins,  he 
is  obliged  to  do  so. 

(b)  If  the  penitent  cannot  give  the  exact  number,  he  must 
be  asked  to  give  about  the  number,  as  near  as  possible.  For 
this  purpose  the  priest  will  suggest  numbers,  and  if  the  peni- 
tent choose  the  largest  number,  a  still  larger  one  may  be  sug- 
gested to  see  if  the  penitent  will  accuse  himself  also  of  that. 

(c)  In  the  case  of  frequently  recurring  sins  or  habits  of  sin  it 
is  necessary  to  find  out  whether  they  have  been  of  daily,  weekly, 
or  monthly  occurrence.  As  to  which  of  these  periods  will  apply 
to  the  penitent  depends  on  his  state  as  learnt  from  his  last  con- 
fession, and  on  the  nature  of  the  sin  itself.  In  mentioning  the 
period  the  confessor  should  always  add  a  number,  e.g.  how 
often  each  week,  three,  four,  or  five  times?  and  as  we  said 
under  (6),  the  whole  time  during  which  the  sin  or  habit  of  sin 
lasted  must  be  found  out.  Finally  it  is  useful  in  order  to  ascer- 
tain the  state  of  the  penitent's  soul  to  find  out  whether  there 
has  at  any  time  been  improvement  and  how  long  it  lasted. 


242  THE    RECIPIENT    OF   PENANCE 

(d)  It  is  the  sententia  communis  and  the  teaching  of  St.  Al- 
phonsus  that  by  one  and  the  same  internal  and  external  act  a 
number  of  sins  may  be  committed,  when,  for  instance,  the  object 
aimed  at  in  the  sin  includes  several  ends.  A  man,  for  instance, 
spreads  a  calumny  about  a  community, --by  so  doing  he  in- 
curs as  many  sins  as  there  are  persons  in  the  community;  this 
occurs  usually  in  cases  of  enmity,  scandal,  etc.  When,  there- 
fore, there  is  a  diversitas  objectorum  totalium,  questions  must 
be  put  concerning  the  number  of  these  objects. 

(e)  In  putting  questions  as  to  the  number  and  species  of  the 
sin,  care  must  be  taken  not  to  bewilder  the  penitent  with  ques- 
tions ;  if  two  or  three  questions  do  not  effect  the  desired  result, 
no  more  need  be  put;  for  St.  Alphonsus  teaches:  The  priest, 
who,  after  two  or  three  questions,  fails  to  obtain  any  definite 
result,  need  not  worry  even  if  he  cannot  come  to  any  clear  deci- 
sion, nam  ex  conscientiis  implicatis  et  conjasis  moraliter  impos- 
sibile  est  major  em  claritatem  sperare.17'1 

In  conclusion,  St.  Leonard 158  remarks :  If  the  confessor 
cannot  get  at  the  exact  or  probable  number,  or  even  the  more 
frequent  repetitions,  it  is  in  my  opinion  sufficient  to  find  out  the 
evil  habit  and  the  time  of  its  duration.  By  this  means  the 
confessor,  so  far  as  is  possible,  will  gain  an  idea  of  the  state  of 
his  penitent  and  be  able  to  form  a  judgment  about  him.  The 
greater  or  less  frequency  of  repetition  must  not,  however,  in- 
volve other  consequences,  as  in  the  case  of  stealing.  Here 
great  care  must  be  used  to  find  out  the  number  of  the  sins  and, 
in  particular,  the  value  of  the  sum  stolen. 

4.  If  the  general  confession  is  a  voluntary  one  and  the  peni- 
tent unprepared,  it  is  not  advisable  to  receive  it,  but  to  give 
the  penitent  some  days  to  prepare  by  examining  his  conscience, 
making  acts  of  contrition,  and  praying  with  more  than  usual 
fervor,  —  a  method  which  will  insure  greater  fruit  in  the  general 

157  praxj[g  Confess,  cp.  I.  n.  '20,  4. 

158  Aiileitung  zur  Generalbeichte,  S.  64-70. 


MANNER    OF   BEARING    GENERAL    CONFESSION       243 

confession.  At  the  same  time  the  confessor  might  show  the 
penitent  that  a  general  confession  is  not  such  a  difficult  matter 
once  it  is  undertaken  courageously.  If,  however,  the  penitent 
will  be  prevented  from  returning  to  the  priest  to  whom  he  wishes 
to  make  his  general  confession,  the  confession  may  be  made  at 
once.  If  the  general  confession  is  one  of  necessity,  there  is  all 
the  more  reason  for  a  good  preparation.  If,  however,  as  fre- 
quently happens,  there  is  reason  to  fear  that  the  penitent  will 
not  return,  the  confessor  should  not  send  him  away  to  make 
his  preparation,  but  receive  the  confession  at  once. 

As  to  the  preparation  required  on  the  part  of  the  penitent, 
especially  with  regard  to  the  examination  of  conscience,  the 
confessor  will  be  careful  not  to  exact  a  written  accusation; 
such  a  process,  as  a  rule,  only  causes  confusion  and  adds  to  the 
burdens  of  the  confessor.  If  the  penitent  is  afraid  of  not  being 
able  to  retain  in  his  memory  the  results  of  his  examination  of 
conscience,  he  may  confine  himself  to  a  quiet  examination  accord- 
ing to  his  powers,  and  the  confessor  will  help  him.  It  may  be 
permitted  to  the  penitent  to  make  notes  of  the  more  necessary 
points.  If  the  confession  is  voluntary,  the  confessor  may  take 
the  notes  and  read  them  for  himself;  if  it  be  a  general  confes- 
sion of  necessity,  the  penitent  himself  should  read  them. 

5.  It  is  not  per  se  required  that  a  penitent  declare  first  the 
sins  committed  since  the  last  confession  before  repeating  his 
former  confessions,  nor  is  he  obliged  to  make  a  distinction 
between  the  sins  committed  since  the  last  confession  and  those 
told  in  former  confessions,  since  the  sin  is  the  same  whether 
confessed  or  not,  and  it  makes  no  difference  that  the  former  sins 
have  been  remitted  because  the  sin  is  not  the  object  of  confes- 
sion in  so  far  as  it  is  habitual  or  leaves  enduring  stain,  but  in  so 
far  as  it  has  been  actually  committed.159  Still  it  is  recommended 
to  make  the  general  confession  precede  the  particular  confession 

"»  S.  Alph.  1.  c.  Lib.  VI.  n.  425,  H.  A.  n.  4;  Lugo,  1.  c.  Disp.  16,  nn.  46- 
49 ;  Aertnys,  1.  c.  n.  200,  Q.  2. 


244  THE    RECIPIENT    OF    PENANCE 

of  the  sins  committed  since  the  last  time,  in  order  that  the  priest 
may  better  ascertain  the  state  of  his  penitent  and  assure  himself 
that  there  is  no  obstacle  to  his  giving  absolution. 

6.  If  the  penitent  is  a  well-instructed  person  and  prepared, 
and  is  really  desirous  of  confessing,  the  priest  may  allow  him  first 
to  make  his  confession,  and  then  he  can  put  any  questions  that 
may  be  necessary,  for  many  persons  feel  the  need  to  reveal 
what  is  on  their  mind  and  have  no  peace  until  they  do  it.  If, 
however,  the  penitent  is  persuaded  that  confession  consists  in 
the  priest  putting  questions  and  the  penitent  answering,  or  if 
he  wishes  to  make  his  confession  in  this  manner,  the  confessor 
may  adopt  this  mode.  With  ignorant  penitents  it  is  recom- 
mended and  is  indeed  preferable.  The  confessor  must  then 
give  the  penitent  time  and  opportunity  to  mention  anything 
that  disturbs  his  peace  of  mind. 

7.  If  the  confessor  receives  a  general  confession  by  way  of 
question  and  answer,  he  must  adopt  some  method,  going 
through  the  Ten  Commandments,  the  Commandments  of  the 
Church,  the  Seven  Capital  Sins,  and  the  duties  of  the  state  of 
life. 

For  the  sake  of  greater  clearness  and  to  avoid  repetitions  he 
might  indeed  bring  all  sins  under  the  Ten  Commandments, 
those  even  which  are  against  the  Commandments  of  the  Church, 
the  Seven  Capital  Sins,  and  other  varieties  of  sins,  for  the  Deca- 
logue, as  the  Roman  Catechism  teaches,  is  the  sum  of  all  the 
Commandments. 

It  is  not,  however,  recommended  to  divide  the  confession  into 
parts  answering  to  the  different  periods  of  one's  life,  for  such  a 
practice  protracts  the  confession  and  involves  many  burdensome 
repetitions;  still  in  the  case  of  the  sixth  Commandment  it  has 
its  advantages,  and  questions  might  be  put  as  to  sins  committed 
before  marriage,  during  the  married  state,  and  after  the  death 
of  the  other  party.  Finally  penitents  who  can  be  questioned 
as  to  the  actus  consummati  should  be  asked  according  to  the 


PLAN    FOB    MAKING    A    GENERAL    CONFESSION       245 

different  speeies  of  the  act  as  well  as  on  the  actus  imperfedi, 
internal  and  external,  with  regard  to  the  species. 

8.  The  priest  should  not  omit  to  exhort  the  penitent  to  ac- 
knowledge honestly  his  sins,  and  not  to  conceal  from  false  shame 
anything  which  he  is  obliged  to  tell.100  The  confessor  should 
never  give  any  sign  of  astonishment  or  anger,  no  matter  how 
numerous  or  atrocious  the  sins  may  be.  Let  him  show  rather 
that  he  would  not  be  surprised  at  hearing  even  worse  sins;  let 
him  come  to  the  help  of  the  penitent  and  even  praise  him  for  • 
having  -succeeded  in  confessing  some  one  or  other  of  the  more 
difficult  sins.  He  may  congratulate  the  penitent  on  winning  a 
victory  over  himself  and  the  devil,  and  encourage  him  again  to 
complete  candor  and  to  make  the  confession  as  perfect  as  though 
it  were  to  be  the  last  of  his  life. 

32.   Plan  for  making  a  General  Confession. 

In  this  paragraph  we  present  a  plan  of  questions  suitable  for 
a  general  confession  and  offer  it  especially  for  the  guidance  of 
younger  confessors.  A  few  preliminary  remarks,  however,  are 
necessary  to  secure  clearness. 

This  plan  need  not  contain  all  the  sins  which  are  treated  of 
in  moral  theology,  but  only  such  as  may  or  do  actually  occur. 
Nevertheless,  if  a  confessor  adhere  to  this  schedule  in  his  ques- 
tions he  may  be  quite  satisfied  as  to  the  integrity  of  the  con- 
fession. 

Such  a  schedule  should  be  as  short  as  possible  so  that  the  con- 
fessor may  easily  retain  it  in  his  head;  hence  the  subdivisions, 
which  he  should  know  from  his  moral  theology,  may  be  omitted. 

Since  in  a  general  confession  venial  sins  ought  not  to  be  lost 
sight  of  on  account  of  their  close  connection  with  mortal  sins  and 
because  they  are  of  great  moment  in  determining  the  state  of 

160  P.  Heilig,  Metkodus  Confess,  generates  .  .  .  excipiendi;  Gury-Baller. 
1.  c.  IT.  Tract,  de  Sacr.  Poenit.  n.  519;  Lehmkuhl,  1.  c.  Sect.  TT.  art.  III. 
nn.  346,  349;  Aertnys,  Pract.  Instit.  Confessor.  P.  III.  cp.  VIII.  art.  II [. 


246  THE    RECIPIENT    OF    PENANCE 

the  penitent's  soul,  some  of  the  more  serious  venial  sins  will 
find  a  place  in  the  catalogue.  The  confessor  should  know,  in 
addition,  how  a  sin  in  itself  and  objectively  venial  may  become 
mortal  per  accidens,  and,  on  the  other  hand,  how  a  sin  grave  ex 
genere  suo  may  per  accidens  become  venial.101 

Moreover,  the  priest  should  be  careful  not  to  examine  all 
penitents  on  every  sin;  a  single  question  to  which  a  negative 
answer  is  given  will  show  that  a  whole  series  of  other  questions 
may  be  omitted,  and  thus  he  will  only  inquire  after  those  sins 
which  are  likely  to  have  been  committed.  In  putting  his  ques- 
tions he  should  pay  due  regard  both  to  the  physical  and  the 
spiritual  condition  of  the  penitent.  From  sins  already  confessed 
an  indication  may  easily  be  drawn  as  to  the  further  inquiries 
to  be  made,  and  while  he  omits  many  questions  in  the  catalogue 
he  may  deem  it  advisable  to  add  others.  If  he  discovers  in  the 
penitent  a  habit  of  sin,  he  must  inquire  how  long  it  lasted,  when 
it  began,  and  when  it  was  broken  off. 

In  all  his  questions  he  will  observe  the  rules  which  hold  on 
this  subject  in  every  confession; 162  in  particular  he  should  bear 
in  mind  the  words  of  St.  Leonard  of  Port  Maurice :  "Treat  your 
penitent,"  he  says,  "as  you  would  like  to  be  treated  yourself 
if  you  were  in  the  same  painful  situation;  receive  him  in  a 
friendly  manner  and  with  affectionate  kindness;  encourage  him 
to  have  confidence  in  you  and  to  open  his  heart  to  you.  Re- 
frain from  harsh  and  blunt  forms  of  address  which  serve  rather 
to  irritate  and  embitter  the  penitent  than  to  make  him  docile, 
obedient,  and  pliant ;  and  even  when  he  is  gross  and  ignorant, 
rebellious  to  all  advice  and  unwilling  to  fulfill  his  duties,  do 
not,  on  that  account,  treat  him  harshly  or  frighten  him  by  a  dis- 
play of  overbearing  rigor.  Remember  that  in  the  confessional 
you  must  be  a  martyr  of  patience,  seeking  always  to  win  the 
penitent  by  the  gentleness  of  your  manners,  and  that  your  duty 

161  See  §  24.  162  See  §  Hi. 


PLAN    FOR    MAKING    A    GENERAL    CONFESSION       247 

is  to  incline  rather  to  mildness  than  strictness.  If  your  words 
are  to  have  the  power  of  gentle  persuasiveness,  you  must  deal 
with  him  in  the  spirit  of  our  holy  faith,  and  he  will  become 
humble  and  convinced  of  the  truth  of  your  words."  lfi3 

If  the  penitent  is  not  already  well  known  to  the  confessor, 
the  latter  must  by  a  few  questions  at  the  beginning  of  the  con- 
fession inform  himself  as  to  the  age,  position,  calling,  and  other 
circumstances  of  his  penitent  since  such  knowledge  is  necessary 
for  the  choice  and  arrangement  of  the  questions  to  be  put. 

If  in  the  course  of  the  confession  some  question  must  be  asked 
on  some  rarely  occurring  and  horrible  sin,  it  should  be  pleaded 
by  way  of  excuse  that  a  special  advantage  of  a  general  confes- 
sion is  to  secure  a  thorough  examination  of  conscience;  and 
that  this  explains  the  unusual  questions. 

If  during  the  confession  the  discovery  is  made  that  the  peni- 
tent lies  under  some  special  obligation  to  avoid  occasions  of  sin, 
to  make  restitution  or  some  such  burden,  he  should  be  told  of 
it  and  disposed  for  it  at  once  without  waiting  for  the  end  of 
the  confession  for  fear  of  forgetting  it  or  of  giving  a  wrong  judg- 
ment. All  other  directions,  however,  in  the  way  of  advice  or 
instruction  should  only  be  given  at  the  end  for  fear  of  annoying 
and  repelling  the  penitent,  and  also  in  order  to  avoid  prolixity 
and  repetition.  If  on  general  principles  the  absolution  ought 
to  be  put  off  and  the  penitent  fails  to  show  necessary  disposi- 
tions by  signs  of  extraordinary  sorrow  and  penitence,  the  con- 
fession should  be  interrupted  and  not  resumed  till  a  decided 
improvement  is  seen.  If  the  penitent  is  judged  to  be  in  good 
dispositions,  the  confession  may  go  on  after  the  promise  of  per- 
forming the  necessary  obligations  has  been  exacted,  and  the 
penitent  should  be  reminded  that  if  he  is  not  sincerely  deter- 
mined to  stand  by  his  promises,  his  trouble  is  all  in  vain  and 
his  confession  invalid,  and  that  he  is  putting  a  seal  on  his  con- 

163  Anleitung  zur  Generalbeichte,  S.  88-90. 


248  THE    RECIPIENT    OE    PENANCE 

demnation  by  a  new  offense  against  God.  In  longer  confessions 
it  is  a  good  practice  even  during  the  accusation  (especially  if 
some  particularly  grave  sin  be  mentioned)  to  remind  the  peni- 
tent of  the  greatness  of  his  crimes,  of  God's  goodness  and  grace 
by  which  he  has  been  freed  from  all  these  great  sins,  and  then 
to  encourage  him  to  make  a  thoroughly  good  confession.  The 
penitent  should  also  be  reminded  of  all  his  bad  confessions  ami 
communions,  of  his  neglect  of  his  Easter  duties,  etc. 

If  it  be  observed  that  the  penitent  is  unusually  disturbed,  the 
cause  of  it  should  be  found  out ;  if  it  be  the  avowal  of  some  one 
sin,  the  confessor  should  seek  to  obtain  some  hint  about  it  and 
then  push  the  questions  so  that  the  penitent  has  only  to  answer 
1  es  or  no ;  thus  a  penitent  may  be  consoled  who  is  troubled 
because  he  has  not  sufficiently  examined  himself,  or  cannot  ex- 
press his  meaning  correctly  or  has  forgotten  what  he  wished  to 
say.  If  no  definite  cause  can  be  assigned,  the  confessor  should 
encourage  him  in  a  general  way,  telling  him  that  the  confession 
is  made  to  God,  reminding  him  of  the  sacredness  of  the  seal, 
recalling  to  him  that  the  priest  is  also  but  a  man,  subject  to 
faults  and  weaknesses;  impressing  upon  him  that  the  priest  is 
ordained  in  order  to  sympathize  with  others,  to  help  them  by 
his  kindness  and  patience,  etc.  Furthermore  the  way  of  begin- 
ning a  general  confession  depends  on  the  circumstances  of  the 
penitent,  and  these  must  be  inquired  into  at  once.164 

Having  laid  down  these  principles  we  enter  into  details :  — 

I.   Preliminary  Questions. 

1 .  The  penitent  should  be  asked  his  age,  his  condition  of  life, 
and  his  calling. 

2.  Then  he  may  be  asked  if  his  previous  confessions  have 
been  valid  (the  uninstructed  should  be  assisted  to  form  a  correct 

164  Leonard  von  Port  Maur.,  Anleitung  zur  Generalbeichte ;  Benger, 
Pastoraltheologie,  Bd.  III.  S.  607-619  (1.  Aufl.),  Bd.  II.  S.  475-486 
(2.  Aufl.)  ;  Schiich,  Pastoraltheologie,  §  .'520. 


PLAN    FOR    MAKING    A    GENERAL    CONFESSION        2VJ 

judgment  in  the  matter),  whether  he  has  ever  intentionally  con- 
cealed a  grave  sin  or  a  notable  circumstance  in  confession  - 
given  intentionally  the  wrong  number  of  his  sins -- examined 
his  conscience  carefully  —  tried  to  be  really  contrite  at  least  for 
all  graver  sins.  Then  he  may  be  asked  if  he  has  always  faith- 
fully performed  the  penance  imposed.  If  the  confessor  discovers 
any  sacrilegious  confessions,  he  must  at  once  ascertain  their  num- 
ber as  closely  as  possible,  asking  wrhen  the  first  bad  confession 
was  made,  how  long  the  habit  lasted,  whether  any  of  them  were 
set  right,  how  often  the  penitent  in  this  condition  was  accus- 
tomed to  confess  or  communicate,  whether  the  Easter  duties 
were  neglected  by  reason  of  such  confessions  and  communions, 
whether  in  making  such  confessions  and  communions  the  peni- 
tent was  conscious  of  committing  sacrilege ;  whether  during 
that  period  other  Sacraments  were  received  such  as  Confirmation, 
Matrimony,  Extreme  Unction.  If  the  penitent  is  persuaded 
that  his  confessions  were  not  sacrilegious,  but  some  grounds  of 
suspicion  remain,  the  confessor  might  on  occasion  of  some 
accusation  against  the  sixth  Commandment,  make  inquiry  if 
the  sin  has  been  confessed  before;  or  he  might  even  ask 
plainly,  "You  have  never  yet  confessed  this  sin?"  or,  "You 
have  never  had  the  courage  to  confess  this  sin?" 

II.   Sins  against  the  Sixth  and  Ninth  and  the  Other 

Commandments . 105 

The  confessor  may  next,  in  order  to  learn  the  general  state  of 
the  penitent,  ask  quite  generally:  "Were  you  ever  led  astray 
when  young?  at  what  age?  Did  you  indulge  in  any  impure 
habits?  "  If  the  priest  discovers  that  the  penitent  is  quite  inno- 
cent of  such  sins,  he  should  go  on  at  once  to  the  other  Command- 

165  Some  experienced  confessors  advise  to  begin  with  these  commandments, 
because  sins  against  holy  purity  arc  frequently  the  cause  of  invalid  confes- 
sions. Many  penitents,  however,  would  be  shocked  and  disgusted  at  such 
a  proceeding. 


250  THE    RECIPIENT    OF    PENANCE 

ments.  He  might  perhaps  ask  further:  "Were  you  troubled 
with  temptations  against  holy  purity?  Had  you  to  listen  to 
bad  conversation  ?  Has  any  one  ever  taken  liberties  with  you  ?  " 
-Sins  of  luxuria  consummate/,  may  be  reduced  to  four  species, 
vollutio,  fornicatio,  sodomia,  and  bestialitas.  These  species  have 
their  actus  imperfectos,  external,  for  instance  tactus,  and  internal, 
namely,  delectatio  morosa  and  desideria,  and  in  addition  may 
have  three  circumstances  which  change  the  nature  of  the  sin, 
adulterium,  incestus,  sacrilegium.  The  questions  may  be  mod- 
eled on  these  four  species,  and  in  the  case  of  each  sin  the  cir- 
cumstances inquired  into  which  affect  the  species  of  the  sin. 
Ain*  compendium  of  Moral  Theology  will  suggest  the  necessary 
detail.166 

He  may  add :  "  Have  j^ou  confessed  all  the  sins  you  have 
committed  against  holy  purity?  Does  anything  else  disturb 
your  mind  with  regard  to  the  sixth  Commandment?  Perhaps 
you  can  manage  now  to  make  a  general  confession  and  to  set 
in  order  your  past  life." 

Against  the  First  Commandment. 

1.  Against  Faith.  The  confessor,  may  ask  whether  the  peni- 
tent has  been  troubled  by  doubts  against  faith,  or  really 
doubted  of  the  truths  of  faith  and  suggested  such  doubts  to 
others;  whether  he  has  denied  any  truth  of  faith;  whether  he 
has  acted  or  spoken  against  faith  and  before  how  many  persons ; 
whether  he  has  induced  others  to  jeer  or  mock  at  faith;  has  he 
spoken  against  religion  and  priests?  has  he  listened  to  speeches 
of  others  directed  against  faith  and  applauded  or  encouraged 

166  The  greatest  prudence  should  be  employed  in  putting  these  questions 
for  fear  of  teaching  evil  or  giving  scandal.  In  this  matter  it  is  better  that 
the  completeness  of  the  accusation  should  suffer.  For  instance,  Ballerini 
disapproves  of  asking  directly  whether  the  accomplice  is  bound  by  vows, 
since  such  cases  are  rare,  and  when  they  occur  the  penitent  would  be  cer- 
tain to  mention  the  circumstance  spontaneously,  while  to  put  such  a  ques- 
tion would  frequently  cause  astonishment  and  give  scandal. 


PLAN    FOR    MAKING    A    GENERAL    CONFESSION       251 

them?  has  he  read,  sold,  given  or  recommended  to  others  the 
reading  of  books  and  articles  against  faith?  has  he  himself 
written  for  such  publications?  has  he  frequented  the  society  of 
men  who  mocked  at  religion  or  were  enemies  of  the  faith?  has 
he  taken  part  in  the  religious  services  of  non-Catholics?  has  he 
joined  any  society  which  is  hostile  to  religion? 

2.  Against  Hope.  Has  he  doubted  of  his  salvation  or  of 
God's  mercy?  or  of  the  possibility  of  reforming?  has  he  pre- 
sumed on  God's  mercy  and  put  off  his  conversion? 

3.  Against  Charity.  Has  he  under  stress  of  suffering  hated 
God?  indulged  feelings  of  indifference  or  resentment  against 
God  and  holy  things?  has  he  murmured  against  God  in  his 
sufferings  and  crosses?  has  he  banished  God  from  his  mind  for 
long  periods,  neglected  prayer? 

4.  Against  the  Reverence  due  to  God.  Has  he  believed  in  su- 
perstitious practices  and  employed  them?  has  he  used  sacred 
objects  without  reverence  or  for  wrong  purposes?  has  he  re- 
ceived any  of  the  Sacraments  (Penance,  Holy  Communion,  Con- 
firmation, Matrimony,  Extreme  Unction)  unworthily?  has  he 
desecrated  holy  places?  has  he  injured  persons  consecrated  to 
God? 

Against  the  Second  Commandment. 

Has  he  blasphemed?  before  children?  Has  he  a  habit  of 
swearing?  Has  he  ever  sworn  to  what  was  false,  or  to  any- 
thing of  which  he  was  doubtful?  in  a  court  of  justice?  to  the 
injury  of  others?     Has  he  been  accustomed  to  use  rash  oat  lis? 

Against  the  Third  Commandment  and  the  Commandments  of  the 

Church. 

Has  he  by  his  own  fault  missed  Mass  on  Sundays  and  holi- 
days of  obligation?  has  he  absented  himself  by  his  own  fault 
from  a  considerable  portion  of  the  services?  Has  his  behavior 
during  the  services  been  irreverent  and  scandalous?  Has  he 
done  servile  work  without  necessity  on  Sundays  or  holidays  of 


252  THE    IiEC'lPIENT    OF    PENANCE 

obligation?  for  how  long?  before  others?  or  has  he  required 
such  work  from  others?  Has  he  broken  the  law  of  fasting 
without  cause,  or  eaten  meat  on  forbidden  days  without  a  dis- 
pensation ?    Has  he  neglected  his  Easter  duties  ? 

Against  the  Fourth  Commandment. 

Are  the  parents  still  living  ?  Has  he  deliberately  offended  them 
by  frequent  disobedience  in  matters  of  moment  {e.g.  frequent- 
ing certain  company  against  their  will,  staying  late  in  public 
houses,  by  not  giving  up  bad  companions,  by  neglecting  reli- 
gious duties  or  important  business  at  home)  ?  Has  he  despised 
them  in  his  heart?  treated  them  with  contempt  or  given  them 
great  trouble?  used  harsh  and  contemptuous  language  to  them? 
wished  them  harm  seriously?  in  the  presence  of  others?  Has 
he  been  ashamed  of  them?  neglected  them  in  their  necessities, 
treated  them  badly,  not  carried  out  their  last  wishes? 

Servants,  etc.,  should  be  asked  whether  they  are  faithful  to 
their  master's  services:  have  they  offended  him  by  contempt 
or  rudeness?  damaged  his  reputation  with  his  neighbors? 
obeyed  him  in  things  forbidden?  Have  they  given  scandal  to 
others  in  the  house,  particularly  children  ? 

Masters,  etc.,  should  be  asked  whether  they  take  due  care  of 
those  under  them.  Have  they  treated  them  unjustly?  per- 
mitted evil  practices?  have  they  kept  their  servants  to  the 
practice  of  their  religious  duties  and  given  them  time  for  it? 
have  they  given  their  servants  bad  example  or  led  them  into 
sin? 

Parents  and  Superiors  should  be  asked  if  they  take  proper 
care  of  their  charges,  or  have  squandered  the  family  property. 
Do  they  correct  and  punish  the  children  with  prudence  and 
without  anger?  have  they  ever  wished  evil  to  befall  them?  Do 
they  watch  over  their  children,  keeping  them  from  bad  com- 
panions, from  sinful  connections?     Have  they  instructed  the 


PLAN    FOR    MAKING    A     GENERAL    CONFESSION       253 

children  in  their  religious  duties?  have  they  sent  their  children 
to  irreligious  schools?  Have  they  given  their  children  bad  ex- 
ample? Have  they  said  or  done  anything  sinful  in  presence  of 
the  children? 

Married  people  should  be  asked  if  they  live  together  in  peace? 
have  their  quarrels  given  scandal  to  the  children? 

Against  the  Fifth  Commandment. 

Has  the  penitent  let  himself  be  carried  away  by  anger? 
broken  out  into  curses  or  wished  grave  damage  to  betide  his 
neighbor?  Has  he  rejoiced  in  his  neighbor's  misfortunes,  enter- 
tained hatred,  and  inflicted  harm  or  intended  to  inflict  it?  Has 
he  fostered  enmities  or  refused  to  make  satisfaction  to  those 
whom  he  has  injured?  Has  he  lived  in  enmity  with  others, 
with  how  many  and  for  how  long?  Has  he  promised  to  make 
peace  and  kept  his  promise?  Has  he  ever  seriously  damaged 
his  health  or  attempted  his  life,  or  seriously  thought  of  doing  so? 
Has  he  been  in  the  habit  of  drinking,  and  been  quite  overcome 
by  drink  ?  Has  this  been  the  occasion  of  quarrels  or  other  sins  ? 
Is  it  a  habit?  Has  he  neglected  his  duties  to  his  wife  and  chil- 
dren in  consequence,  or  ill  treated  them  and  destroyed  the  peace 
of  the  family?  (The  confessor  must  not  forget  his  studies  on 
occasio  and  consuetudo  when  dealing  with  cases  of  this  sort.) 

It  might  also  be  well  to  ask  if  the  penitent  has  been  hard  in 
dealing  with  the  poor  in  their  grave  needs  and  refused  assist- 
ance. 

Against  the  Seventh  and  Tenth  Commandments. 

Has  he  entertained  desires  of  stealing  or  of  cheating  his  neigh- 
bor ?  Has  he  actually  committed  theft,  or  cheated  his  neighbor 
in  doing  business?  Has  he  inflicted  losses  on  any  one?  Has 
he  paid  his  debts  or  put  off  for  a  long  time  the  paying  of  them  ? 
Has  he  made  restitution  and  repaired  the  losses  inflicted?  Is 
he  at  least  willing  to  make  reparation  ?    If  not,  why  not  ? 


254  THE    RECIPIENT    OF    PENANCE 

Against  the  Eighth  Commandment. 

Has  he  told  lies  to  the  grave  injury  of  his  neighbor?  Has  he 
ever  given  false  witness  in  a  court  of  justice?  Has  he  ever  be- 
trayed an  important  secret?  Has  he  ever  injured  the  reputa- 
tion of  his  neighbor  by  revealing  his  faults  without  sufficient 
reason?  to  how  many  people  was  this  communication  made? 
Has  he  ever  falsely  accused  his  neighbor  of  a  fault?  to  how 
many  people?  Did  he  restore  the  good  name  of  the  injured 
person?  and  did  he  make  good  to  him  the  losses  resulting  from 
the  calumny?  Has  he  made  rash  judgments  in  things  of  great 
moment,  and  has  he  communicated  them  to  others  ? 

With  respect  to  the  Seven  Capital  Sins  the  confessor  may 
ask :  — 

Has  the  penitent  behaved  in  a  proud,  overbearing  manner 
towards  others?  Has  he  devoted  himself  to  inordinate  amassing 
of  wealth  and  coveted  the  same?  Has  he  omitted  to  give 
the  alms  which  he  ought?  Has  he  helped  his  neighbor  when 
he  ought  ?  Has  he  indulged  in  envy  of  his  neighbor  on  account 
of  his  fortune,  his  wealth,  his  graces,  his  virtues,  etc.  ?  Has  he 
rejoiced  in  his  neighbor's  misfortune,  caused  it  or  wished  it? 
Has  he  neglected  his  work  and  duties  through  idleness,  and 
injured  his  neighbor  thereby? 

With  regard  to  the  nine  ways  of  participating  in  the  sin  of 
another  the  confessor  might  ask :  Has  he  boasted  of  his  sins  ? 
which?  Has  he  advised  others  to  commit  sin,  or  praised  the 
sin  of  others,  or  commanded  others  to  sin?  Has  he  failed  to 
prevent  the  sins  of  others  when  he  could  do  so  easily? 

After  the  priest  has  put  all  the  questions  which  he  thinks 
necessary  he  should  proceed  to  advise  the  penitent  to  reflect  if 
there  is  anything  else  disturbing  his  conscience  about  which  no 
questions  have  been  put;  and  he  should  also  remind  him  that 
this  confession  may  be  his  last.  He  may  then  try  to  move  the 
penitent  to  contrition  and  to  a  firm  purpose  of  amendment  by 


PLAN    FOR    MAKING    A     GENERAL    CONFESSION       255 

the  consideration  of  some  effectual  motives  presented  in  a  kind 
and  fatherly  manner.  Pic  might  conclude  with  some  words  to 
this  purpose :  — 

"  Now  thank  God  with  all  your  heart  for  the  great  mercy  He 
has  shown  you;  if  death  had  overtaken  you  while  you  were  bur- 
dened with  so  many  grave  sins,  you  would  certainly  be  at  the 
present  moment  in  hell,  but  now  make  your  mind  quite  easy 
and  don't  worry  any  more  about  these  sins;  I  am  now  going 
to  absolve  you  in  God's  name  from  them  all  and  your  soul  will 
be  as  pure  as  when  it  came  from  the  baptismal  font;  but  beware 
of  sinning  again  and  do  not  return  God's  mercy  with  ingratitude." 
The  confessor  will  then  give  the  penitent  some  directions  how  to 
reform  his  life;  he  must  point  out  one  or  other  of  his  sins  that 
should  be  especially  combated;  and  if  at  the  same  time  he 
shows  an  interest  in  the  penitent  and  promises  to  pray  for  him, 
the  latter  will  go  away  consoled  and  encouraged  to  begin  a 
new  life  in  the  Lord.167 

107  Aertnys,  1.  c.  cp.  8,  art.  4,  nn.  251,  252;  Lehmkuhl,  1.  c.  n.  351; 
Gury-Ballerini,  1.  c.  n.  520;  Heilig,  Methodus  Conf.  gen.  n.  40  ss. 


CHAPTER  IV 

SATISFACTION 

33.    The  Imposition  of  Penance  by  the  Confessor. 

There  is  no  question  here  of  satisfaction  in  the  wider  sense 
which  includes  the  restitution  to  be  made  for  the  infliction  of 
spiritual  or  temporal  loss.  The  subject  which  we  propose  to 
treat  of  is  satisfaction  in  its  restricted  meaning  (satis) 'actio) \.  It 
consists  in  the  performance  of  those  works  of  penance  which 
according  to  the  Council  of  Trent 168  are  designed  to  preserve  the 
new  life  acquired  in  the  Sacrament,  to  repair  the  languor  which 
remains  as  a  relic  of  past  sin,  and  at  the  same  time  to  serve  as 
a  punishment  for  sin.  As  after  the  recovery  from  a  severe  ill- 
ness the  body  is  weakened,  so  after  a  spiritual  cure  the  soul 
retains  a  weakness  and  an  inclination  to  fall  back  into  sin ;  more- 
over, as  the  Church  teaches,  the  remission  of  guilt  and  eternal 
punishment  does  not  always  include  the  remission  of  all  tempo- 
ral punishment.  The  penance  is  imposed  with  a  view  of  remov- 
ing the  last  traces  of  weakness  and  of  paying  the  debt  of  temporal 
punishment ;  under  its  first  aspect  it  is  called  poena  medicinalis, 
under  the  second,  poena  vindicativa. 

This  satisfaction  is  partly  sacramental,  partly  extra-sacra- 
mental. The  sacramental  portion  consists  in  the  works  which 
the  confessor  imposes  in  virtue  of  the  power  of  the  keys;  the 
extra-sacramental  in  the  works  freely  undertaken  by  the  peni- 
tent, as  well  as  in  the  patient  submission  to  the  sufferings  and 
crosses  of  this  life.     We  are  dealing  at  present  with  sacramental 

168  Sess.  XIV.  De  Pcenit.  cp.  8. 
256 


IMPOSITION    OF    PENANCE    BY    THE    CONFESSOR      257 

satisfaction,  which  is  an  integral  part  of  the  Sacrament,  as  it  is 
immediately  connected  with  the  power  of  the  keys,  and  which 
is  more  efficacious  as  atonement  in  consequence  of  the  applica- 
tion of  the  merits  of  Jesus  Christ.169 

Both  confessor  and  penitent  have  obligations  with  respect  to 
this  satisfaction.  We  will  first  consider  the  duty  of  the  con- 
fessor in  the  matter. 

I.  The  confessor  is  bound  to  impose  some  penance  on  every 
penitent  who  receives  absolution  and  who  is  capable  of  doing 
penance. 

The  tradition  of  the  Fathers,  the  constant  practice  of  the 
Church,  and  the  express  declaration  of  the  Council  of  Trent 
agree  in  maintaining  that  the  penance  is  an  integral  part  of  the 
Sacrament.  The  text  of  the  Council170  runs  as  follows:  "It  is 
therefore  the  duty  of  priests  to  impose,  as  reason  and  pru- 
dence may  suggest,  wholesome  and  appropriate  penances  with 
due  regard  for  the  nature  of  the  sin  and  the  strength  of  the 
penitent,  lest,  by  being  indulgent  towards  sin  and  treating  the 
penitent  too  tenderly  in  giving  the  very  lightest  penance  for 
grave  sins  they  become  themselves  participators  in  the  sins  of 
others.  Let  them  keep  in  view  that  the  satisfaction  which 
they  impose  is  designed  not  only  to  preserve  the  new  life  and 
to  heal  infirmity  but  also  to  punish  and  destroy  past  sin;  for 
the  power  of  the  keys  was  given  not  only  to  loose  but  also  to 
bind."  The  confessor  must  impose  a  penance  not  only  when 
mortal  sins,  but  also  when  venial  sins,  or  mortal  sins  already 
absolved,  are  confessed.     As  often  as  absolution  is  given  a  pen- 

iG9  g_  Thom.  Amplius  valet  ad  expiandum  peccatum  </u>in)  si  proprio  arbitrio 
homo  faceret  idem  opus.  Quodl.  Lib.  3,  Q.  14.  Summa  Theol.  Supplem.  (,>. 
li'-l'i:  Suarez,  De  Sacr.  Poenit.  Disp.  :'>7  per  1"  Sectiones,  Disp.  38,  Sect. 
1  and  2;  Lugo,  De  Sacr.  Poenit.  Disp.  24  per  5  Sectiones;  Billuart, 
Compend.  Theol.  Tom.  VI.  De  Sacr.  Poenit.  Diss.  VIII.  a.  1.  (5-8;  cf. 
Rallerini,  Op.  Theol.  Mor.  Vol.  V.  Tract.  X.  Sect  V.  cp.  I.  n.  178  ss. ; 
Schanz,  Die  Lehre  von  den  hi.  Sakranienten,  II.  Tl.  §  12,  Die  Genugthuung, 
S.  538  ss.  .  1T0  Sess.  XIV.  cp.  8. 


258  THE    RECIPIENT    OF   PENANCE 

ance  must  be  imposed  —  (a)  because  the  penance  belongs  to 
the  integrity  of  the  Sacrament,  (6)  that  the  penitent  may  not 
be  deprived  of  the  sacramental  fruits  of  satisfaction,  (c)  that 
justice  and  right  may  be  done. 

II.  This  duty  of  imposing  a  penance  urges  per  se  sub  peccato 
mortali  when  there  is  question  of  mortal  sins  not  yet  remitted 
by  the  power  of  the  keys;  where  the  matter  is  only  venial  sin 
or  materia  libera,  the  obligation  is  binding  only  sub  levi. 

Hence  a  priest  sins  mortally  by  failing  to  give  a  penance  to 
a  penitent  who  confesses  sins  not  yet  directly  forgiven;  in  the 
case  of  a  penitent  who  presents  only  materia  libera,  the  confessor 
sins  venially  (probabiliter)  ob  parvitatem  materia . 

III.  At  times  there  may  be  no  sin  in  failing  to  give  a  penance. 
This  can  happen  :  — 

(a)  When  absolution  is  given  to  a  penitent  in  articulo  mortix, 
especially  if  he  be  unconscious.  St.  Alphonsus,  however,  recom- 
mends, and  laudably,  that  even  a  dying  penitent  should  receive 
some  light  and  easy  penance,  if  there  be  time  to  do  it  and  the 
penitent  can  perform  it,  e.g.  to  kiss  the  crucifix,  to  pronounce 
the  names  of  Jesus  and  Mary,  or  to  make  at  least  an  internal  act 
of  love  in  order  that  the  Sacrament  may  have  its  due  comple- 
ment and  the  dying  person  gain  some  fruit  from  the  sacramental 
satisfaction.  The  confessor  might  himself  help  the  penitent  by 
reciting  the  prayers  for  him,  holding  the  crucifix  to  him;  this 
will  also  be  a  means  of  comforting  and  consoling  the  dying  man.171 

(b)  If  a  perplexed  or  scrupulous  penitent  returns  frequently 
to  confess  sins  that  he  had  forgotten,  and  if  nearly  every  time 
there  is  reason  for  giving  absolution,  the  confessor  satisfies  his 
obligations  by  again  imposing  the  previous  penance  without 
adding  another  or  by  prescribing  it  as  sufficient  for  all  the  sins 
mentioned  in  confession.172 

171  S.  Alpli.  Theol.  Mor.  Lib.  VI.  nn.  506,  507;  II.  Ap.  n.  47. 
17'2  Busenbaum,  Medulla,  Lib.  VI.  Tract.  IV.  cp.  I.  De  Satisfact.  Art.  I; 
S.  Alph.  Lib.  VI.  n.  51:',;  Lugo,  Disp.  25,  n.  50. 


IMPOSITION    OF    PENANCE    BY    THE    CONFESSOR      259 

IV.  The  confessor  is  bound  to  give  a  suitable  and  wholesome 
penance,  punitive  as  well  as  medicinal,  proportioned  to  the  num- 
ber and  gravity  of  the  sins  and  adapted  to  the  individual  peni- 
tent.    This  is  the  express  teaching  of  the  Council  of  Trent.173 

The  choice  of  the  penance  is  not  left  to  the  caprice  of  the  con- 
fessor. Special  directions  are  laid  down  for  him  by  the  Church, 
and  these  he  must  follow  sub  gravi.  The  Council  draws  a  dis- 
tinction between  poena  vindicatinv  and  medicinales,  and  the 
confessor  has  to  inflict  these  in  his  capacity  of  judge  and  healer 
of  souls.  But  to  avoid  misunderstanding  it  must  be  borne  in 
mind  that  the  whole  power  and  authority  of  inflicting  penances 
or  of  binding  the  faithful  is  vested  in  the  confessor  as  judge. 

As  physician  the  great  object  of  the  confessor  must  be  to 
heal  the  wounds  of  the  soul  and  to  provide  against  relapses, 
but  here  he  can  only  insist  on  the  necessary  means,  and  that 
simply  because  he  expresses  what  the  penitent  is  bound  to  do 
already  by  natural  and  divine  law. 

The  case  is  quite  different  when  we  regard  the  confessor  as 
judge;  in  this  capacity  he  has  power  to  punish  and  bind  the 
penitent.  In  the  choice  of  the  works  of  penance  which  he  im- 
poses in  his  quality  of  judge,  he  may  use  his  knowledge  as  physi- 
cian, and  it  is  a  course  to  be  commended  if  he  imposes  such 
penances  as  will  help  to  salvation,  heal  the  spiritual  maladies 
and  safeguard  tin1  penitent  against  relapses.174  In  this  way  the 
confessor  falls  in  with  the  prescriptions  of  the  Council  by  giv- 
ing penances  which  are  in  part  punitive,  in  part  medicinal;  they 
are  punitive  if  in  any  way  they  oppose  our  sensuality  or  our 
pride;  and  they  are  medicinal  when  they  are  of  a  kind  to  cut 
away  the  causes  and  roots  of  sin,  to  mortify  our  irregular  incli- 
nations, to  strengthen  the  will,  to  remove  occasions  of  sin,  to 
save  us  from  relapses  and  to  confirm  us  in  virtue.  In  accord- 
ance with  the  maxim  " contraria  contrariis  cumntur"  those  good 

"«  Sess.  XIV.  cp.  8. 

"4  Cf.  Lelimkuhl,  1.  c.  Sect.  IT.  cp.  TIT.  Satisfactio,  a.  :;:»."». 


260  THE    RECIPIENT    OF    PENANCE 

works  are  generally  prescribed  which  are  directly  contrary  to 
the  sins  committed,  hence  the  prescription  of  the  Roman  ritual 
to  impose  as  penances  almsgiving  upon  the  avaricious,  fasting  or 
other  bodily  mortifications  upon  the  sensual,  humiliating  works 
upon  the  proud,  exercises  of  devotion  for  the  tepid.175 

All  works  of  satisfaction  or  penance  may  be  reduced  to  the 
three  heads  of  Prayer,  Fasting,  Almsdeeds.  Under  prayer,  for 
instance,  may  be  grouped  all  works  of  piety  and  devotion,  par- 
ticularly everything  that  may  be  understood  as  related  to  the 
knowledge  of  God ;  more  frequent  prayer,  daily  examination  of 
conscience,  daily  Mass,  meditation  (especially  on  the  sufferings 
and  death  of  Jesus  Christ  and  the  four  last  things),  spiritual 
reading,  more  frequent  confession,  frequent  repetition  of  acts  of 
the  theological  virtues,  thought  of  the  presence  of  God,  devo- 
tion to  our  Blessed  Lady  —  all  of  which  are  irksome  and  con- 
trary to  our  corrupt  nature  and  partake  in  consequence  of  the 
nature  of  a  penance.  Under  the  head  of  fasting  may  be  in- 
cluded not  only  abstention  from  meat  and  drink,  but  every  kind 
of  mortification,  hence  the  denial  of  even  lawful  pleasures,  early 
rising  in  the  morning,  the  cutting  down  of  little  comforts,  kneel- 
ing at  prayer,  etc.  And  under  almsgiving  we  may  comprise  all 
works  of  corporal  and  spiritual  mercy. 

These  three  classes  of  good  works  correspond  to  the  three 
roots  of  sin,  —  the  concupiscence  of  the  flesh,  the  concupiscence 
of  the  eyes  and  the  pride  of  life;  for  fasting  is  directed  against 
the  concupiscence  of  the  flesh,  almsgiving  against  the  concu- 
piscence of  the  eyes,  and  prayer  against  the  pride  of  life.176 

Even  purely  interior  acts  (opera  mere  interiora)  may  be  im- 
posed :  some  theologians  contradict  this  statement  on  the  plea 
that  human  authority  is  not  empowered  to  enjoin  such  acts, 
but  here  the  question  is  not  about  human  authority  but  of  divine 
power  given  to  men.177 

175  Rituale  Rom.  De  Sacram.  Poenit.      »■  S.  Thorn.  Suppl.  Q.  15,  a.  3. 
177  S.  Alph.  cum  communi  sententia.  Lib.  VI.  1.  c. 


IMPOSITION    OF   PENANCE    BY    THE    CONFESSOR      261 

The  confessor  may  also  give  as  a  penance  works  to  be  done 
for  the  souls  in  purgatory,  for  though  this  satisfaction  in  se  is 
directed  to  the  benefit  of  the  holy  souls  it  is  a  good  work,  and  by 
its  union  with  the  Sacrament  has  power  ex  opere  operato  to  les- 
sen the  temporal  debt  of  the  penitent.178 

Indeed  the  confessor  may  impose  as  penance  some  good  work 
which  has  already  been  started,  not  precisely  as  a  good  work 
but  so  far  as  it  expresses  under  the  new  circumstances  obedi- 
ence, humility,  and  the  denial  of  one's  own  will.  It  may  be 
observed,  however,  what  St.  Alphonsus  remarks,  that  it  is  rarely 
advisable  to  impose  such  a  penance  even  with  another  good 
work  attached. 

A  work  which  one  is  already  bound  to  do  may  be  imposed  as 
a  penance  since  it  may  be  ex  nalura  sua  satisfactory  and  is  capa- 
ble of  acquiring  a  greater  satisfactory  effect;  but  such  work  can 
be  considered  as  a  sacramental  penance  only  when  the  confessor 
has  expressly  declared  so,  nor  is  it  advisable  that  such  works 
should  be  so  imposed,  unless  indeed  there  exist  some  urgent 
reason  for  it  on  the  part  of  the  penitent,  -  -  his  weakness,  for  ex- 
ample. If  such  work  (aliunde  debitum)  be  imposed,  its  omission 
is  a  double  sin.179 

A  penance  may  be  given  to  be  performed  in  case  of  a  relapse, 
according  to  the  opinion  of  eminent  theologians  such  as  Suarez, 
Laymann,  and  St.  Alphonsus  Liguori ;  so  that  if  the  condition 
be  fulfilled,  i.e.  if  the  sinner  relapse,  the  penance  must  be  carried 
out.  A  confessor  giving  only  a  penance  of  that  kind  would  be 
very  far  from  satisfying  his  obligations.180 

A  public  penance,  i.e.,  a  penance  to  be  done  before  others,  of 
such  a  nature  that  bystanders  could  infer  that  the  penitent  had 
incurred  grave  sin,  cannot  be  imposed  by  a  confessor  for  secret 
sins,  for  such  an  infliction  would  be  an  indirect  violation  of  the 

178  S.  Alph.  ibid.;  Scavini,  1.  c.  n.  383;  S.  Thom.  Quodl.  3,  a.  28. 

179  This  is  the  teaching  of  St.  Alphonsus  cum  innumeris  scriptoribus  contra 
raucos  (n.  513).  180  S.  Alph.  1.  c.  n.  524. 


262  THE    RECIPIENT    OF   PENANCE 

seal,  and  besides  it  is  expressly  forbidden  by  the  Roman  Ritual. 
For  public  sins  a  public  penance  may  be  inflicted,  and  the  Coun- 
cil of  Trent  insists  upon  it  as  a  way  of  repairing  scandal.  Here 
there  is  no  breach  of  the  seal,  for  it  is  question  of  notorious  sin. 
The  confessor  should  only  insist,  however,  on  a  public  penance 
when  he  is  convinced  of  the  necessity  of  that  step  for  repairing 
scandal.  If  the  confessor  feels  called  upon  to  impose  such  a 
penance,  and  the  penitent  declines  to  do  it,  absolution  cannot 
be  given.  In  general,  any  scandal  given  may  be  set  right  by 
an  evident  reform  in  the  life  of  the  penitent,  if,  for  instance, 
he  approach  the  Sacraments  more  frequently,  visit  the  Church, 
hear  Mass,  join  a  sodality,  etc.181  Moreover,  not  everything 
done  in  the  presence  of  others,  which  the  penitent  could  easily 
undertake  of  his  own  free  will,  need  be  regarded  as  a  public 
penance.  It  need  be  no  matter  of  anxiety  to  the  confessor  if 
the  penitent  reveals  to  others  that  such  or  such  a  practice  is  a 
penance  imposed  by  the  priest. 

Finally  the  confessor  must  carefully  avoid  enjoining  any 
practices  which  are  needlessly  repugnant  to  the  penitent  and 
which  there  is  reason  to  fear  he  will  shirk.  For  instance,  tell- 
ing the  children  to  beg  pardon  of  their  parents,  or  the  penitent 
to  pray  in  the  Church  with  the  arms  stretched  out  in  the  form 
of  a  cross.  Lehmkuhl  justly  remarks  that  such  penances  are  a 
clear  sign  of  a  confessor's  want  of  prudence  and  may  give  occa- 
sion to  many  sacrileges.182 

There  is  left  a  large  choice  for  the  confessor  in  the  matter  of 
penances.  He  is  bound,  however,  by  the  prescriptions  of  the 
Council  of  Trent  to  impose  works  of  penance  quantum,  spiritus 
et  prudentia  suggesserit,  but  also  to  consider  the  qualitas  criminum 
and  the  facultas  pcenitentium,.  Thus  he  must  bear  in  mind  the 
gravity  of  the  sin  and  the  condition  of  the  penitent;  in  this 
way  a  prudent  mean  may  be  kept  between  too  great  mildness 

wi  Cf.  S.  Alph.  1.  c.  n.  512.  18i  Lehmkuhl,  1.  c.  n.  356  (8). 


IMPOSITION    OF   PENANCE    BY    THE    CONFESSOR      263 

and  excessive  strictness.  The  priest  should  avoid  being  too 
easy,  for  fear,  as  the  Council  says,  of  participating  in  the  guilt 
of  others  and  sacrificing  God's  cause  to  an  indulgence  which 
may  be  easily  attributed  to  human  respect  or  other  unworthy 
causes.  To  avoid  this  danger  the  Roman  Catechism  recom- 
mends the  study  of  the  old  penitential  canons  where  each  sin 
has  its  own  fixed  punishment.  It  is  true  that  the  discipline  has 
been  altered  since  then  but  its  spirit  remains,  and  the  zeal  of  the 
priest  for  the  cause  of  his  Lord  should  be  no  less  fervent  than 
that  of  the  first  ages  of  the  Church.  On  the  other  hand,  how- 
ever, undue  rigor  is  to  be  avoided.  The  strictness  should  not 
be  founded  on  self-love,  prejudice,  ostentation,  nor  on  a  natu- 
rally stern  temperament,  nor  on  want  of  common  sense,  etc., 
otherwise  the  penitent  may  be  driven  to  despair,  and  souls  lost 
instead  of  being  won.  The  tribunal  of  penance  should  resemble 
as  closely  as  possible  God's  own  tribunal,  and  as  God  is  not  only 
just  but  merciful,  so  the  priest  should  never  separate  these  two 
attributes.  It  is  often  a  good  thing  to  let  the  penitent  know 
that  he  has  deserved  a  severer  penance,  but  that  the  ever  gentle 
spirit  of  the  Church  imposes  only  a  light  one,  leaving  the  peni- 
tent free  to  undertake  other  works  of  satisfaction  if  his  zeal 
prompt  him  thereto.  It  is  matter  of  experience  that  penances 
extended  over  too  long  a  period  do  not  always  succeed  in  their 
object,  for  since  they  are  frequently  not  performed  they  may 
easily  prove  a  snare  to  the  penitent  instead  of  being  a  help.  If 
the  priest  is  in  doubt  whether  to  adopt  a  strict  or  a  mild  line  of 
conduct  in  any  particular  case,  he  may  recall  the  beautiful  words 
of  St.  John  Chrysostom  : 183  "  Is  it  not  easier  to  render  an  account 
of  excessive  mercy  than  of  excessive  severity?  Can  the  steward 
lie  close-handed  where  the  master  is  so  liberal?  If,  then,  God 
is  so  good  why  should  His  minister  be  severe?  If  your  object 
is  to  pose  as  a  saint,  be  austere  towards  yourself  and  mild  towards 
others."  184 

™  Homil.  43  in  Matth.  c.  23.  184  Cf.  Martin,  Moral.  S.  591. 


264  THE    RECIPIENT    OF    PENANCE 

V.  For  mortal  sin  a  poenitentia  simpliciter  gravis  should  be 
given,  for  venial  sin  a  poenitentia  levis;  and  a  confessor  would 
sin  gravely  if  without  sufficient  reason  he  should  impose  for 
mortal  sin  a  pwnitentia  in  se  levis,  for  he  would  neither  punish 
the  sin  nor  give  his  penitent  the  means  of  salvation.  In  the 
case  of  sins  doubtfully  mortal,  whether  considered  subjectively 
or  objectively,  he  is  not  obliged  to  impose  a  severe  penance.185 

Whatever  in  the  present  discipline  of  the  Church  is  imposed 
sub  gravi  is  considered  as  materia  gravis  for  a  penance.  The 
following,  for  instance:  five  decades  of  the  Rosary,  the  Litany 
of  the  Saints  with  the  accompanying  prayers;  while  as  materia 
levis  are  reckoned:  one  psalm  (of  moderate  length),  the  Litany 
of  Loretto,  five  Our  Fathers  and  five  Hail  Mary's,  etc.  Any 
prayer  corresponding  in  length  to  a  little  hour  of  the  Breviary 
counts  for  materia  levis,  for  though  the  omission  of  one  of  these 
little  hours  is  a  mortal  sin,  this  is  not  in  virtue  of  the  prayer 
itself,  but  because  the  recitation  of  the  Breviary  is  a  public  and 
official  act  and  done  in  the  name  of  the  whole  Church. 

If  the  penitent  has  committed  many  mortal  sins,  the  penance 
can  hardly  be  increased  in  a  strict  proportion.  In  this  case  the 
imposition  of  a  penance  corresponding  to  one  mortal  sin  is  not 
sufficient  unless  special  reasons  exist  for  not  giving  a  heavier 
penalty. 

VI.  There  are  many  reasons  for  which  a  confessor  may  be 
justified  in  giving  a  smaller  penance  than  is  due  to  the  number 
and  gravity  of  the  sins,  and  this  diminution  may  be  absolute 
as  well  as  relative.     For  instance :  — 

1.  A  penitent  is  prostrated  by  a  severe  illness  and  unable  to 
perform  a  longer  penance.  The  priest  should  exhort  him  to 
offer  up  his  sufferings  as  satisfaction  for  his  sins,  and  if  the  sins 
have  been  very  grave  the  priest  ought  to  be  willing  to  take  upon 
himself  part  of  the  penance.1 


186 


185  S.  Alph.  1.  c.  n.  516,  IT.  A.  n.  55;  Sporer,  1.  c.  n.  588. 

186  Cf.  Rit.  Roman,  tit.  III.  cp.  I.  n.  25. 


IMPOSITION    OF   PENANCE    BY    THE    CONFESSOR      2G5 

2.  When  there  is  extraordinary  sorrow.  This  in  se  is  suffi- 
cient reason  for  diminishing  the  penance,  for  the  greater  such 
sorrow  the  greater  is  the  remission  of  temporal  punishment. 
On  the  other  hand,  such  a  penitent  is  willing  to  accept  a  very 
severe  penance;  and  if  we  read  of  certain  holy  men  imposing 
only  a  slight  penance,  we  must  remember  that  they  either  made 
up  for  it  in  their  own  person  or  induced  the  penitent  to  practice 
of  his  own  free  will  some  austerity. 

3.  A  confessor  may  see  that  his  penitent  is  very  weak  spiritu- 
ally and  not  willing  to  carry  out  a  severe  penance,  although  he 
may  have  no  doubt  as  to  his  contrition  and  resolution  of  amend- 
ment. Such  a  case  may  call  for  the  expedient  of  adding  to  a 
small  penance  some  other  practices  which  the  penitent  must 
fulfill  on  other  accounts,  e.g.  to  hear  Mass  on  Sunday,  etc., 
and  the  confessor  would  do  well  to  choose  such  practices  as  the 
penitent  has  been  in  the  habit  of  neglecting.187 

We  will  now  mention  the  occasions  in  which  a  confessor  may 
impose  a  penance  in  accordance,  indeed,  with  the  Church's 
precepts  as  to  materia  gravis,  but  less  than  what  seems  propor- 
tioned to  the  number  and  gravity  of  the  sins :  — 

1.  When  there  is  great,  though  not  quite  extraordinary,  con- 
trition. 

2.  On  the  occasion  of  a  jubilee  or  some  other  plenary  indul- 
gence ;  but  to  refrain  for  such  a  reason  from  giving  any  penance 
at  all  would  be  quite  wrong  and  against  the  distinct  declaration 
of  Benedict  XIV,  Oonstit.  "  Inter  prccteritos." 

3.  When  there  is  fear  that  the  penitent,  through  spiritual 
weakness,  may  fail  to  perform  the  penance  which  would  cor- 
respond to  his  sins. 

4.  When  there  is  hope  that  a  smaller  penance  will  induce  the 
penitent  to  receive  the  Sacraments  oftener  and  with  greater 
spiritual  benefit;  indeed,  this  seems  to  be  the  chief  reason  why 

"7  S.  Alph.  Lib.  VI.  n.  513. 


266  THE    RECIPIENT    OF    PENANCE 

the  Church  has  tempered  in  our  days  the  severity  of  her  peni- 
tential discipline. 

5.  When  the  confessor  intends  to  do  the  penance  which  he 
believes  he  dare  not  lay  upon  his  penitent,  as,  for  instance, 
when  St.  Francis  Xavier  disciplined  himself  to  satisfy  for  the 
sins  of  his  penitents.  The  sufficiency  of  this  vicarious  penance 
rests  on  the  Catholic  doctrine  of  the  Communion  of  Saints. 
On  the  other  hand,  the  proposition  that  a  penitent  can,  of  his 
own  authority,  appoint  another  to  do  the  penance  for  him  haa 
been  condemned  by  Alexander  VII. 

6.  When  there  is  hope  of  inducing  the  penitent  by  means  of  a 
smaller  penance  to  do  other  good  works  on  his  own  account. 

7.  When  the  penitent  has  already  done  penance  and  is  in  the 
habit  of  practicing  good  works. 

It  is,  however,  always  recommended  to  tell  the  penitent  that 
the  penance  is  very  much  less  than  he  deserves.188 

VII.  For  venial  sins  or  materia  libera  the  confessor  may  im- 
pose a  heavy  or  a  light  penance  but  not  sub  gravi;  but  if  he 
imposes  a  light  penance  for  mortal  sin  such  penance  may  bind 
only  sub  levi,  but  the  very  fact  of  imposing  a  heavy  penance  for 
mortal  sin  means  that  the  obligation  is  sub  gravi,  unless  he  ex- 
pressly declares  his  intention  of  not  so  binding.189 

In  treating  the  question  of  the  obligation  on  the  penitent  of 
carrying  out  the  penance  and  the  intention  of  the  confessor  in 
the  matter,  we  must  keep  in  mind  the  parallel  instances  of  the 
binding  force  of  laws.  The  legislator  cannot  bind  the  conscience 
sub  gravi  in  a  matter  which,  regarded  objectively,  is  of  small 
moment;  while  grave  matter  when  prescribed  ex  gravi  causa 
induces  a  strict  obligation  per  se,  though  the  legislator  may  have 
the  power  only  to  enforce  it  under  pain  of  venial  sin.  This 
is  the  teaching  of  St.  Alphonsus  with  the  sententia  communior 

188  S.  Alph.  1.  c.  nn.  509,  510,  526  ;  II.  Ap.  nn.  49,  50;  Lugo,  1.  c.  Disp. 
25,  n.  60;  Reuter,  1.  c.  p.  4,  nn.  591,  401;  Ballerini,  Op.  Theol.  Mor.  1.  c. 
nn.  489,  493.  189  S.  Alph.  Lib.  VI.  nn.  517,  518. 


IMPOSITION    OF    PENANCE    BY    THE    CONFESSOR      267 

et  valde  probabilis  as  regards  the  obligation  of  laws  and  the  law- 
giver. When,  then,  the  confessor  imposes  a  penance,  he  is  at 
the  same  time  passing  a  law  which  must  be  obeyed. 

Many  theologians  deny  that  the  confessor  can  impose  for 
mortal  sin  a  heavy  penance  only  sub  levi  because  he  is  simply 
God's  minister,  and  in  consequence  must  act  in  accordance  with 
the  institution  of  the  Sacrament  without  attempting  to  diminish 
its  rigor.190  On  the  other  hand,  the  sententia  communior  et  valde 
probabilis  gives  the  confessor  the  right  because,  though  he  is 
the  vicar  of  God,  he  is  appointed  by  Christ  as  actual  judge  and 
legislator  who,  in  virtue  of  his  powers,  looses  by  forgiving  sic 
and  binds  by  imposing  penance;  so  that  the  obligation  of  the 
penance  is  not  a  consequence  of  the  Sacrament  but  of  the  pre- 
cept of  the  confessor.191  Still  the  confessor  would  not  be  justi- 
fied in  practically  disregarding  the  first  opinion,  for,  as  St. 
Alphonsus  teaches,  he  must  obey  the  Council  of  Trent  in  its 
decision  that  ordinarily  a  grave  opus  is  to  be  imposed  sub  gravi 
even  though  the  penance  be  slight  in  comparison  to  the  number 
and  heinousness  of  the  sins.  The  opinion  may,  however,  be 
used  in  this  way.  The  confessor,  after  giving  a  severe  penance 
sub  gravi,  may  add  a  still  more  severe  penance  sub  levi;  if  this 
latter  be  fulfilled  by  the  penitent,  he  makes  full  sacramental 
satisfaction;  if  he  neglect  it,  there  is  at  least  no  great  respon- 
sibility. St.  Alphonsus  notices  that  this  is  a  very  good  way 
of  dealing  with  weak  penitents,  for  all  good  works  have  a  satis- 
factory power  and  a  weak  penitent  is  thus  not  exposed  to  occa- 
sion of  grave  sin;  at  the  same  time  what  Aertnys  observes  is 
also  to  be  borne  in  mind,  namely,  that  in  our  days,  owing  to  the 
decay  of  fervor,  such  a  method  is  seldom  to  be  recommended.102 

The  confessor  may  give  the  penance  immediately  after  the 

190  Thus,  among  others,  Lugo. 

191  Thus,  among  others,  Suarez,  Fillince,  Segneri,  St.  Alphon.  1.  c.  n.  518. 

192  Aertnys,  Theol.  Moral.  Lib.  VI.  Tract.  V.  De  Poenit.  cp.  III.  art.  IV 
n.  206,  Q.  4. 


268  TEE   RECIPIENT    OF   PENANCE 

absolution,  but  it  is  more  correct  to  give  it  beforehand,  as  that 
is  the  custom  in  the  Church,  and  the  proper  order  of  justice 
requires  that  the  penitent  should  show  himself  disposed  to  under- 
take his  penance  before  absolution  is  given.193 

In  concluding  this  article  we  give  a  list  of  penances  which 
may  be  imposed  according  to  the  principles  already  given :  — 

Attendance  at  holy  Mass,  the  Rosary  or  the  Stations  of  the 
Cross  (these  should  not  be  given  to  people  who  are  not  accus- 
tomed to  the  devotions,  and  in  regard  to  the  Stations  of  the 
Cross,  the  embarrassment  that  many  experience  in  performing 
public  devotions  should  be  taken  into  account),  the  Seven  Peni- 
tential Psalms,  the  Litany  of  the  Saints,  the  Litany  of  Loretto 
or  some  other  litany,  the  Prayer  to  the  Five  Wounds,  to  com- 
mend one's  self  to  the  Sacred  Hearts  of  Jesus  and  Mary  morning 
and  evening  while  reciting  one  Our  Father  and  one  Hail  Mary, 
to  say  every  day  a  certain  number  (not  too  many)  of  short 
prayers  —  e.g.  to  say  the  Hail  Mary  three  times  morning  and 
evening  (St.  Alphonsus  used  to  give  his  penitents  this  penance, 
adding  the  invocation  "My  Mother,  preserve  me  from  offending 
God  this  day,"  and  when  the  penitents  were  not  accustomed  to 
this  form  of  devotion  he  used  at  least  to  recommend  it),  to  ex- 
amine the  conscience  daily  and  to  excite  acts  of  contrition,  to 
read  some  short  extracts  from  a  pious  book  approved  by  the 
confessor,  such  as  the  Imitation  of  Christ,  to  make  a  meditation, 
or  after  reading  carefully  some  subject  such  as  the  Four  Last 
Things  or  the  Sufferings  of  Christ  to  reflect  upon  it  for  a  short 
while,  to  devote  a  short  time  every  day  to  eliciting  acts  of 
Faith,  Hope,  and  Charity,  to  hear  sermons,  to  receive  the  Sac- 
raments on  certain  fixed  days,  to  renew  the  resolutions  made 
at  the  last  confession,  not  thoughtlessly  but  with  all  earnest- 
ness, and  to  hold  to  them  steadfastly  now  in  honor  of  the  Sacred 
Heart,  at  another  time  in  honor  of  the  Blessed  Virgin,  and  again 

W»S.  Alph.  1.  c.  n.  514  (in  fine). 


IMPOSITION    OF    PENANCE    BY    THE    CONFESSOR      269 

in  honor  of  some  one  among  the  saints  with  a  petition  for  their 
help,  to  make  some  fervent  ejaculation  every  time  the  clock 
strikes  (when  the  confessor  gives  this  or  similar  practices  as  a 
penance  he  might  remind  the  penitents  to  make  up  the  number 
of  times  missed  if  by  chance  they  forget  it). 

lasting  (though  this  should  be  very  seldom  given  and  then 
only  with  great  caution)  or  an  occasional  mortification  at  meal 
time ;  to  refrain  from  some  particular  dish,  or  from  wine  or  other 
intoxicating  liquor,  either  for  a  fixed  period  or  a  certain  number 
of  times;  still  more  prudence  is  to  be  exercised  in  imposing 
other  bodily  mortifications -- indeed  they  should  be  permitted 
only  with  great  reserve  —  praying  with  arms  extended  (unseen, 
of  course,  by  others),  to  pray  on  bended  knees,  to  rise  at  a  fixed 
hour  in  the  morning,  to  avoid  unprofitable  conversation,  etc., 
to  give  alms,  to  visit  the  poor  and  the  sick,  to  help  them,  and  to 
do  lowly  offices  for  them,  etc.194 

Which  of  these  penances  should  be  imposed  is  a  matter  de- 
pending on  the  sins  and  disposition  of  the  penitent.  The  choice 
of  penance  is  an  affair  of  considerable  moment  with  regard  to 
the  well-being  and  reformation  of  the  penitent,  and  it  is  a  neg- 
lect of  duty  to  impose  on  every  occasion  without  distinction  the 
recital  of  a  prayer. 

In  addition,  the  confessor  should  observe  the  wholesome 
advice  which  has  been  given  by  men  distinguished  alike  for 
sanctity  and  learning. 

St.  Antoninus  writes : 19r>  "  The  priest  should  give  such  a  pen- 
ance as  he  thinks  the  penitent  will  perform.  If  a  man,  after 
accusing  himself  of  grave  sin,  declares  that  he  cannot  do  a  severe 
penance,  the  confessor  must  reason  with  him,  pointing  out  the 
gravity  of  his  offenses  and  the  severe  punishments  he  has  de- 
served, and  after  that  give  him  some  penance  such  as  he  can  be 
persuaded  to  undertake;   and  if  the  priest  does  not  obtain  per- 

194  Gury-Ballerini,  1.  c.  Appendix,  n.  585.  Cf.  Aertnys,  1.  c.  n.  200; 
Lehmkuhl,  1.  c.  n.  368.  »»  Suinma  Theol.  P.  III.  tit.  17,  s.  20. 


270  THE    RECIPIENT    OF    PENANCE 

feet  success,  he  may  rejoice,  at  least,  that  he  has  rescued  a  soul 
from  hell  if  not  from  purgatory;  hence,  on  no  account,  should 
he  send  a  penitent  away  in  despair  or  discouragement.  It  is 
better  to  give  him  a  Pater  Noster  or  some  other  slight  penance 
and  make  the  good  works  which  he  does  or  his  sufferings  supply 
for  the  rest.  A  man  who  shows  real  sorrow  and  is  ready  to  do 
all  that  he  ought,  but  declares  that  a  heavy  penance  is  beyond 
him  should  never,  no  matter  how  he  may  have  sinned,  be  sent 
away  without  absolution  lest  he  fall  into  despair." 

St.  Charles  Borromeo  recommends  the  confessor  to  impose 
such  penance  as  he  thinks  the  man  will  do ;  hence  he  may  occa- 
sionally ask  the  penitent  if  he  can  perforin  the  penance  given; 
and  if  the  latter  expresses  his  doubts  about  fulfilling  it,  the  con- 
fessor may  change  the  penance  or  make  it  easier.190  The  saint 
also  appeals  to  St.  Thomas  Aquinas,  who  warns  the  confessor 
not  to  burden  his  penitents  with  heavy  penances,197  for  as  a 
smouldering  fire  may  be  put  out  by  heaping  too  much  fuel  upon 
it,  so  the  feeble  contrition  which  has  only  just  been  excited  in 
the  heart  of  the  penitent  may  be  crushed  out  by  a  severe  penance, 
and  despair  may  be  the  consequence.  Hence  it  is  better  to 
point  out  to  the  penitent  what  a  big  penance  he  deserves  and  to 
give  him  a  smaller  one  such  as  he  will  be  ready  to  fulfill,  by  which 
he  will  accustom  himself  to  the  bigger  one  which  the  confessor 
would  not  have  ventured  to  impose. 

Finally  St.  Alphonsus  198  may  be  heard  on  this  subject :  "How 
imprudent  is  the  conduct  of  those  priests  who  give  penances 
which  they  foresee  will  never  be  done.  Oh,  how  many  ignorant 
confessors  there  are  who  thoughtlessly  absolve  penitents  living 
in  the  proximate  occasion  of  sin  or  in  bad  dispositions ;  and  yet 
such  confessors  are  persuaded  for  some  incomprehensible  reason 
that  they  are  ministering  to  the  health  of  souls  by  imposing 
heavy  penances.     The  result  is  that  the  penitents,  having  agreed 

196  Instruct.  Confess,  cp.  20.  19V  Quodl.  3,  a.  28  ;  cf .  Opusc.  65,  §  4. 

198  Lib.  VI.  n.  510. 


ACCEPTANCE    OF    PENANCE    BY    TUE    PENITENT      H\ 

to  the  penance  for  fear  of  being  refused  absolution,  relapse  again, 
after  a  short  time,  because  they  were  never  taught  to  adopt  any 
safeguards  against  sin,  omit  the  penance,  and,  terrified  by  its 
severity,  keep  away  from  the  Sacrament  so  as  to  spend  a  great 
portion  of  their  lives  in  sin." 

34.   The  Acceptance  and  Performance  of  the  Penance  by  the 

Penitent. 

I.  The  penitent  is  obliged  to  accept  willingly  the  penance 
imposed  and  to  perforin  it  exactly;  for  as  the  duty  devolves  on 
the  priest  of  securing  the  integrity  of  the  Sacrament  by  giving 
the  penance,  the  penitent  is,  in  turn,  bound  to  accept  it  and 
carry  it  out. 

The  duty  is  of  strict  obligation  ex  genere  suo,  so  that  the  peni- 
tent would  sin  gravely  by  omitting  a  grave  penance  imposed 
sub  gravi,  or  a  considerable  portion  of  it.  We  have  already 
seen  what  is  to  be  considered  grave  in  this  matter.199 

II.  The  penitent  is  obliged  to  perform  the  penance  enjoined 
by  the  confessor,  but  no  limit  of  time  is  determined  within  which 
it  must  be  done.  An  unreasonably  long  delay,  however,  might 
easily  become  a  grave  matter. 

To  determine  how  far  delay  may  involve  grave  sin  we  must 
take  into  consideration  whether  time  is  a  substantial  element 
in  the  penance.  For  example:  (1)  whether  the  confessor  has 
fixed  a  day  and  of  set  purpose,  for  the  appointing  of  a  day  does 
not  always  imply  a  fixed  intention  on  the  confessor's  part; 
indeed,  generally  speaking,  it  is  not  a  mortal  sin  to  postpone  a 
fast  appointed  for  Friday  to  the  following  Saturday.200  (2)  If 
some  work  has  been  prescribed  to  be  done  within  a  given  time 
after  the  confession,  and  it  is  the  intention  of  the  confessor  that 
there  should  be  no  interruption,  its  omission,  even  for  one  day 
if  it  amount  to  a  materia  gravis,  may  be  a  mortal  sin,  unless 

189  S.  Alph.  1.  c.  n.  517.  200  S.  Alph.  1.  c.  n.  521. 


272  THE    RECIPIENT    OF    PENANCE 

the  confessor  has  given  leave  to  substitute  one  day  for  another 
or  where  his  consent  to  a  change  may  be  fairly  presumed.  (3)  If 
the  postponement  of  the  work  imposed  reduced  the  penance  to 
little  or  nothing,  as,  for  example,  if  the  confessor  enjoined  on 
the  penitent  to  approach  the  Sacraments  in  a  week  and  the 
penitent  put  it  off  for  a  month ;  to  delay  the  weekly  communion 
for  a  day  or  two  or  the  monthly  communion  to  a  period  not 
longer  than  a  week  would,  apart  from  other  considerations, 
amount  only  to  a  venial  sin.201 

There  is  no  mortal  sin  in  putting  off  the  penance  even  for  a 
considerable  time  as  long  as  the  time  fixed  for  its  performance 
is  not  a  substantial  part  of  the  work  imposed.  A  delay  of  six 
months  would,  according  to  St.  Alphonsus,  certainly  constitute  a 
mortal  sin;  the  great  factor  in  determining  the  gravity  of  the 
offense  will  be  the  danger  of  forgetting  the  penance  or  of  being 
unable  to  carry  it  out.202 

If  a  penance  is  enjoined  which  has  to  be  performed  daily  for 
a  considerable  period,  and  which  is  also  a  work  prescribed  by 
the  commandments  of  the  Church,  it  may  be  presumed  that  the 
confessor  never  intended  a  double  performance  of  the  work  un- 
less he  expressly  declared  such  an  intention.  On  the  other  hand, 
if  it  is  enjoined  once  or  twice  or  even  oftener  without  indicating 
any  special  day,  the  penitent  cannot  satisfy  the  double  obliga- 
tion by  the  one  act;  for  example,  a  man  who  is  told  to  hear  Mass 
three  times  cannot  satisfy  by  making  one  of  the  Masses  the 
Sunday  Mass  of  obligation,  unless  this  be  expressly  granted  by 
his  confessor,  nor  would  he  fulfill  his  duty  by  hearing  three 
Masses  simultaneously,  because  such  would  never  be  the  inten- 
tion of  the  confessor.  If,  however,  a  man  is  enjoined  to  hear 
Mass  daily,  he  is  not  obliged  to  hear  two  Masses  on  Sundays.203 

201  S.  Alph.  1.  c.  n.  521 ;  II.  A.  n.  57 ;  Mazzotta,  1.  c.  Tract.  VI.  Disp.  I. 
Q.  V.  cp.  2. 

202  Lugo,  1.  c.  Disp.  25,  Sect.  5,  n.  92  ;  Sanchez  in  decalog.  1. 4,  c.  10,  n.  21 ; 
Elbel,  de  Pcenit.  n.  229. 

203  Mazzotta,  1.  c;  Gury  II.  n.  535;  S.  Alph.  II.  A.  n.  57. 


ACCEPTANCE    OF   PENANCE    BY    THE    PENITENT     273 

If  the  penitent  has  certain  prayers  to  say  for  his  penance,  they 
may  be  recited  during  a  Mass  of  obligation,  for  the  two  duties 
may  be  fulfilled  at  the  same  time  unless  the  confessor  rule  it 
otherwise.  It  is  a  useful  and  excellent  practice  to  remind  the 
penitent  that  he  may  say  his  penance  during  the  time  of  Mass, 
especially  if  his  circumstances  be  such  that  he  can  hardly  com- 
mand other  available  time.204 

If  the  penitent  fails  to  perform  his  penance  within  the  pre- 
scribed time,  he  is  not  on  that  account  freed  from  the  obligation 
of  accomplishing  it;  for  the  confessor  intends  first  the  penance, 
then  the  time-limit,  and  the  latter  is  fixed  non  ad  finiendam  sed 
ad  urgendam  obligationem. 

Even  when  the  penitent  has  fallen  into  mortal  sin,  he  may 
still  perform  his  penance  and  so  satisfy  his  obligation  in  that 
matter,  but  he  does  not  obtain  the  fruits  of  satisfaction.  When 
the  penitent  does  what  he  has  been  told  he  fulfills  substantially 
his  duty;  the  manner  or  mode  of  fulfilling  it  (namely,  in  the 
state  of  grace)  does  not  come  under  the  command.  By  the  fact, 
however,  of  not  being  in  the  state  of  grace  his  works  cannot  be 
de  condigno  satisfactory,  and  so  cannot  merit  for  him  the  release 
from  temporal  punishment.  It  is  certain  that  no  new  mortal 
sin  is  contracted  by  a  penitent  who  performs  his  penance  in  a 
state  of  mortal  sin,  though,  according  to  a  probable  opinion  sup- 
ported by  St.  Alphonsus,205  there  is  a  venial  sin  in  consequence 
of  the  hindrance  offered  to  the  effects  of  the  Sacrament.  Some 
theologians206  also  teach  that  when  such  a  penitent  regains  the 
state  of  grace  (obice  remoto)  the  penance  effects  satisfaction  and 
remission  of  temporal  punishment  ex  opere  operalo,  and  this  doc- 
trine is  valde  probabilis. 

In  addition  to  the  sacramental  satisfaction  the  penitent  should 

204  Lehmkuhl,  1.  c.  u.  364. 

205  Lib.  VI.  n.  523. 

206  Suarez,  De  Poen.  Disp.  38,  s.  8,  n.  5;  Lugo,  1.  c.  Disp.  25,  s.  3,  n.  39 ; 
Laymann,  Theol.  Mor.  Lib.  V.  Tract.  VI.  cp.  15,  u.  15;  Lacroix,  Theol. 
Mor.  Lib.  VI.  P.  II.  n.  1245,  and  many  others. 


274  THE    RECIPIENT    OF    PENANCE 

undertake  some  penance  on  his  own  initiative,  especially  where 
that  enjoined  by  the  priest  is  small  with  regard  to  the  gravity 
of  the  sin.  This  extra-sacramental  satisfaction  will  be  supple- 
mented by  the  prayer  in  which  the  Church,  in  virtue  of  the  merits 
of  Christ  and  His  saints,  confers  on  extra-sacramental  works  the 
power  of  reducing  the  debt  of  temporal  punishment. 

35.   The  Commutation  of  the  Penance. 

If,  for  some  good  reason,  the  pern  tent  discovers  that  the  pen- 
ance is  too  severe,  he  should  mention  the  circumstance  to  his 
confessor  that  he  may  change  it ;  and  if  the  penitent  has  under- 
taken a  penance  which  later  on  presents  great  difficulties  in  its 
fulfilment,  he  should  consult  some  priest  equipped  with  the  neces- 
sary powers  for  a  commutation. 

But  there  should  be  a  good  reason,  and  not  mere  weakness, 
sensuality,  or  laziness,  which  usually  counsel  avoidance  of  all 
severity  and  self-conquest  or  sacrifice  for  God  and  the  good  of 
one's  soul.  Self-love  and  self-indulgence  easily  persuade  us  that 
what  is  difficult  is  impossible,  and  we  have  seen  that  the  very  aim 
of  penance  is  to  punish  in  the  strict  sense  of  the  word ;  it  ought 
to  be  both  a  chastisement  and  a  means  of  salvation.  If  the 
penitent  shrinks  from  the  penance  and  asks  for  a  mitigation, 
the  confessor  should  in  all  kindness  consider  the  motive  and  act 
accordingly.  If  he  can  find  no  sufficient  reason  but  only  a  pre- 
text of  self-love  and  self-indulgence,  he  must  tell  the  penitent 
so  and  endeavor  to  persuade  him  to  undertake  the  penance, 
otherwise  absolution  cannot  be  given.  When  the  petition  is 
reasonable  the  penance  may  be  changed. 

A  reasonable  penance  cannot  be  declined  by  the  penitent 
without  his  incurring  thereby  grave  sin,  for  when  once  he 
has  submitted  his  case  to  the  confessor  he  ought  to  abide  by 
the  latter's  decision,  since  the  law  of  God  requires  that  the  con- 
fessor should  inflict  a  suitable  penance  and  that  the  penitent 


THE    COMMUTATION    OF    THE    PENANCE  275 

should  accept  it.207  There  is,  however,  a  great  difference  between 
refusing  a  penance  and  asking  for  its  mitigation.  Under  no 
circumstances  may  the  penitent  himself  change  the  penance, 
even  for  a  work  objectively  more  perfect,  for  the  sacramental 
satisfaction  must  be  imposed  by  the  minister  of  the  Sacrament, 
and  the  penitent  has  no  right  to  annul  or  commute  on  his  own 
authority  the  sentence  pronounced  by  the  judge. 

If,  now,  the  penitent  is  convinced  on  sufficient  grounds  that 
the  penance  is  exorbitant  and  he  cannot  persuade  the  confessor 
to  make  it  easier,  he  is  at  liberty  to  go  away  without  absolution 
and  present  his  case  to  another  priest,  repeating,  of  course,  his 
confession.208  If,  however,  his  grounds  are  defective,  he  may 
easily  incur  a  venial  sin  by  such  procedure.209  A  really  well-dis- 
posed penitent,  therefore,  will  hardly  incur  grave  sin  if,  conscious 
of  his  weakness,  he  objects  to  a  penance  as  too  hard  and  seeks 
absolution  from  another  confessor,  so  long,  of  course,  as  he  does 
not  seek  out  one  who  is  known  for  his  criminal  laxity. 

If  a  man  after  absolution  finds  the  penance  too  difficult  of 
performance,  he  may  get  it  changed  either  by  the  same  priest 
or  by  another. 

This  commutation  can  be  made  only  in  confession,  in  virtue 
of  the  absolution  which  has  been  already  given  or  is  to  be  given, 
for  it  is  only  the  absolution  by  which  an  effect  ex  opere  operato 
can  be  produced  in  the  penitent,  and  it  is  the  absolution  which 
gives  the  satisfactory  efficacy  ex  opere  operato  to  the  penance 
which  has  been  or  is  to  be  imposed.210 

Hence  the  confessor  immediately  after  the  absolution  can 
certainly  change   the   penance  because,  morally  speaking,    the 

207  Mazzotta,  1.  c.  Q.  5;  cf.  2  Suarez,  1.  c.  Disp.  38,  s.  7.  Lugo,  1.  c.  Disp. 
25,  n.  G8,  says  that  this  doctrine  is  varum  et  certum,  and  is  a  direct  conse- 
quence of  the  teaching  of  the  Council  of  Trent  (Sess.  XIV.  cp.  8)  ;  cf. 
Elbel,  1.  c.  n.  227. 

208  S.  Alph.  1.  c.  nn.  515,  516 ;  Mazzotta,  1.  c. 

209  Lugo,  1.  c.  n.  77. 

210  Lugo,  De  Pcenit.  Disp.  25,  nn.  107-110.     Cf.  Disp.  15,  n.  107. 


276  THE    RECIPIENT    OF   PENANCE 

judicial  action  is  still  in  progress.  Though  some  theologians 
extend  this  power  (of  changing  the  penance  in  virtue  of  the  ab- 
solution imparted)  over  two  or  three  days,  the  preference  is  to  be 
given  to  the  opinion  of  St.  Alphonsus,211  who  restricts  the  period 
to  the  time  immediately  after  the  absolution,  for,  as  a  matter  of 
fact,  the  judicium  sacramentale  is  then  completed.  If,  however, 
the  penitent  and  confessor  are  of  the  other  opinion,  which  is  not 
devoid  of  extrinsic  probability,  they  may  act  upon  it,  since  it  is 
not  a  question  of  an  essential  part  of  the  Sacrament;  if  there 
were  question  of  the  essence  of  the  Sacrament,  an  injury  would 
be  done  both  to  the  Sacrament  and  its  recipient  by  following  a 
doubtful  opinion.212 

Any  other  priest  can  commute  the  penance  only  in  virtue  of 
a  new  absolution  which  he  himself  gives. 

The  question  now  arises  whether  the  penitent  ought  to  repeat 
his  confession  with  a  view  to  obtain  another  penance.  If  he 
applies  to  the  same  confessor,  he  is  certainly  not  obliged  if  the 
latter  retain  some  notion  in  confuso  of  the  penitent's  conscience ; 
if  the  penitent  goes  to  another  priest,  according  to  an  opinion 
considered  as  probable  by  Laymann,  Lugo,  Sporer,  he  is  ex- 
empt from  the  obligation  of  repeating  his  confession,  because 
it  is  not  upon  the  sins  that  judgment  is  to  be  passed, 
but  upon  the  reasons  for  changing  the  penance,  whether,  for 
instance,  the  penitent  is  unable  to  perform  it  or  whether  the 
penance  itself  is  too  severe.  Moreover,  the  confessor  may  follow 
this  method  with  a  safe  conscience,  though  it  is  more  advisable 
for  him  to  adopt  the  practice  advocated  by  other  theologians, 
notably  Suarez,  Lugo,  Laymann,  Sporer,  and  Lacroix,  of  get- 
ting the  penitent  to  give  at  least  an  outline  of  the  previous  con- 
fession in  order  to  have  an  approximate  knowledge  of  the  state 
of  his  soul.213 

211  L.  c.  n.  529,  dub.  III. 

212  Lehmkuhl,  1.  c.  n.  366. 

-13  S.  Alpli.  1.  c.  ii.  529,  dub.  I;  Aertnys,  1.  c.  n.  213,  Q.  I;  Muller,  1.  c. 
^  12S. 


THE    COMMUTATION    OF    THE    PENANCE  277 

The  view  held  by  many  theologians  is  also  probable,  that 
when  a  confessor  sees  that  a  penance  has  not  been  performed 
by  a  penitent,  and  that  no  likelihood  exists  of  its  performance, 
he  may  commute  it  for  something  else,  though  unasked  by  the 
penitent. 

When,  however,  a  penance  has  been  inflicted  for  some  reserved 
sin  by  a  constitutional  Superior,  no  inferior  may  commute  it, 
for  authority  in  such  cases  is  withdrawn  from  the  inferior  tri- 
bunal. Exception  is  made  where  the  penitent  would  have  great 
difficulty  in  approaching  the  Superior  and  when  urgent  reasons 
call  for  a  commutation.  This  is  the  teaching  of  St.  Alphonsus 
and  some  other  theologians  against  the  supporters  of  the  stricter 
doctrine.214 

There  still  remains  the  question  what  the  penitent  is  to  do 
when  he  has  forgotten  the  penance.  According  to  the  common, 
and  perhaps  also  the  more  probable,  opinion,  he  is  not  obliged  to 
repeat  the  confession  of  even  the  graver  sins,  and  the  duty  of 
performing  the  penance  simply  lapses  (ad  impossibile  enim  nemo 
tenetur) ;  nor  is  there  any  obligation  to  confess  again  sins  already 
directly  remitted  with  a  view  of  securing  the  integrity  of  the 
Sacrament,  for  that  would  be  a  grievous  burden.  If,  however, 
the  penitent  thinks  that  the  confessor  remembers  the  penance, 
and  he  can  reach  him  without  difficulty,  he  is,  as  theologians 
rightly  affirm,  obliged  to  ask  his  confessor  to  give  him  his  pen- 
ance, for  there  is  no  grave  impediment  in  this  case  to  the  per- 
formance of  the  penance.215 

In  this  connection  we  must  note  that:  1.  When  a  man  for- 
gets the  penance  enjoined,  and  has  a  conviction  that  the  penance 
was  a  certain  work,  he  is  bound  to  do  that  work,  for  whoever  is 
certain  about  his  obligation  is  obliged  to  do  what  is  probably 
of  obligation  if  he  cannot  fulfill  what  is  certainly  of  obligation. 

214  S.  Alph.  1.  c.  n.  529,  dub.  IT;  II.  A.  n.  61. 

215  S.  Alph.  1.  c.  n.  520;  II.  A.  n.  59. 
210  II.  A.  Tr.  6,  ii.  33,  in  fine. 


2111 


278  THE    RECIPIENT    OF   PENANCE 

2.  When  a  penitent  confesses  that  he  has  not  performed  the 
penance  but  has  said  the  prayers  prescribed  out  of  devotion 
without  thinking  of  the  penance,  he  has  satisfied  his  obligation, 
and  the  confessor  cannot  insist  on  the  performance  of  another 
penance;  for  a  man  is  supposed  to  do  first  that  to  which  he  is 
bound.217 

""  S.  Alph.  II.  A.  n.  58 ;  Theol.  Mor.  Lib.  III.  n.  700,  Q.  2. 


Part   III 

THE  MINISTER   OF  THE  SACRAMENT 

In  the  preceding  chapters  which  dealt  with  the  actus  pami- 
tentis,  we  have  already  had  occasion  to  consider  the  office  of  the 
minister  of  the  Sacrament.  The  functions  of  the  confessor  con- 
sist mainly  in  absolving  according  to  the  intention  of  Christ. 
In  treating  of  this  important  and  difficult  subject,  we  shall  fol- 
low the  most  approved  theologians,  distinguished  alike  for 
learning  and  sanctity,  so  as  to  avoid  on  the  one  hand  an  exten- 
sive mildness  and  on  the  other  a  severity  fatal  to  the  salvation 
of  souls. 

Section   I 

THE     POWERS     OF    THE     CONFESSOR 

36.   Orders,  Jurisdiction,  Approbation. 

1.  The  proper  minister  of  the  Sacrament  of  Penance  is  the 
priest.  Penance  being  a  Sacrament,  it  is  self-evident  on  Catholic 
principles  that  its  minister  must  have  the  sacerdotal  character, 
the  power  of  Orders  (potestas  ordinis).  This  power  springs  from 
the  priestly  character  and  consists  in  the  capacity  of  valide  per- 
forming the  sacred  rites  instituted  by  Christ,  so  that  they  are 
an  efficacious  means  of  grace.1 

The  Sacrament  of  Penance  is,  moreover,  in  its  dispensation 
essentially  judicial.  The  minister  of  the  Sacrament  is  judge 
over  the  soul ;  hence  he  must  have  in  addition  to  Holy  Orders 
the  power  of  spiritual  jurisdiction  (potestas  jurisdictionis) . 

1  Lehmkuhl,  1.  c.  Sect.  TIT.  cp.  T.  art.  T.  n.  :'>00. 

279 


280  THE    MINISTER    OF    THE    SACRAMENT 

Thus  for  a  valid  absolution  there  are  required  both  potestas 
ordinis.  and  potestas  jurisdictionis. 

Jurisdiction  in  general  is  public  authority  in  its  completest 
sense,  and  thus  includes  the  power  of  directing  subjects.  In  its 
more  restricted  sense  it  is  the  power  of  judging  right  and  wrong 
and  of  pronouncing  sentence.  It  answers  perfectly  to  the  power 
exercised  in  the  Sacrament  of  Penance  (in  foro  interno).  Hence 
jurisdiction  in  foro  sacramentali  is  the  power  by  which  a  priest 
can  pronounce  sentence  on  those  subject  to  him  by  remitting  or 
retaining  sins. 

What,  then,  is  the  relation  existing  between  the  potestas  ordinis 
and  the  potestas  jurisdictionis  ?  The  priestly  character  conveys 
no  jurisdiction  with  it;   it  may  exist  without  any  jurisdiction.2 

2.  It  is  a  peculiarity  of  this  potestas  ordinis  that  the  exercise  of 
it  without  the  Church's  commission  is  not  illicit  only,  but  invalid. 
Hence,  while  in  the  other  Sacraments  jurisdiction  is  extrinsic  to 
the  exercise  of  power  and  only  regulates  it,  in  the  Sacrament 
of  Penance  the  jurisdiction  is  an  intrinsic  condition,  because  the 
exercise  of  the  power  of  this  Sacrament  is  essentially  a  judicial 
act  and  involving  jurisdiction. 

3.  Jurisdiction,  though  not  conveyed  by  Orders,  is  derived 
from  God,  but  through  the  hands  of  the  Church,  i.e.  by  delega- 
tion from  those  who  are  invested  with  that  jurisdiction.  Hence 
all  priests  besides  the  Pope,  who  receives  it  immediately  from 
God,  owe  their  jurisdiction  to  the  Church;  thus  priests  receive 
their  jurisdiction  from  the  bishops,  the  bishops  from  the  Pope. 

4.  We  may,  therefore,  say  that  the  potestas  ordinis  renders 
its  subject  capable  of  jurisdiction  in  foro  interno,  and  of  confer- 
ring the  Sacrament  after  jurisdiction  has  been  given,  so  that 
the  potestas  ordinis  is  the  disposition  for  administering  the  Sac- 
rament of  Penance.3  Thus  it  is  not  so  much  that  the  power  of 
remitting  sins  judicially  is  given  to  the  priest  in  his  ordination 

'  f  rid.  Sess.  XIV.  cp.  7.  8  Suarez,  Disp.  16,  s.  3. 


ORDERS,    JURISDICTION \    APPROBATION  281 

as  rather  this,  that  the  ordained  person,  when  he  is  appointed 
judge  by  proper  authority  to  take  cognizance  of  sins,  is  enabled 
to  remit  these  sins  sacramentally ;  in  other  words,  he  receives 
power  to  remit  sins  by  a  special  grace. 

From  the  preceding  it  follows:  (1)  that  the  doctrine  which 
teaches  that  jurisdiction  is  conveyed  by  ordination  merely  is 
false;  (2)  that  it  is  also  false  to  teach  that  ordination  confers 
ipso  facto  jurisdiction,  but  that  the  Church  can  restrain  its  ex- 
ercise and  that  in  granting  jurisdiction  she  does  no  more  than 
remove  her  own  prohibition;  (3)  that  it  is  the  same  thing  to  say : 
the  Church  confers  jurisdiction  to  a  priest,  as  to  say,  the  Church 
assigns  in  joro  interno  certain  subjects  to  the  priest;  (4)  that 
one  may  say,  the  potestas  ordinis  which  is  acquired  by  the  char- 
acter of  the  priesthood  is  the  potestas  inchoata  to  absolve,  while 
it  is  incorrect  to  say  that  the  potestas  ordinis  is  the  potestas  juris- 
dictionis  inchoata  or  liabitualis;  (5)  that  jurisdiction  differs 
from  the  powders  of  Orders  both  in  its  essence  and  in  the  mode 
by  which  it  is  acquired;  in  its  essence,  since  jurisdiction  is  the 
power  of  judging  and  binding  subjects,  while  ordination  only 
confers  the  power  ex  jure  divino  of  acquiring  jurisdiction  and  is 
the  necessary  condition  that  the  absolution  be  sacramental; 
in  its  mode,  since  jurisdiction  is  imparted  by  the  concession 
of  the  Church,  while  the  power  of  Orders  comes  from  the  con- 
secration to  the  priesthood.4 

Jurisdiction  is  either  ordinary  or  delegated  {ordinaria  vel 
delegata).  Christ  appointed  judges  to  preside  over  visible  tri- 
bunals in  His  place  and  in  His  name,  with  authority,  vicarious, 
it  is  true,  but  ordinary  {auctoritate  quidem  vicaria  at  ordinari(i), 
that  is,  an  authority  emanating  from  the  office  to  wThich  they 
were  appointed  by  Christ.  These  judges  are  the  Apostles  and 
their  successors,  the  Pope,  therefore,  and  the  bishops,  and  these 
can  appoint  others  to  help  them. 

4  Talmieri,  Tract,  de  Poeniteutia,  cp.  II.  Thes.  XVI.  p.  172  ss. 


282  THE    MINISTER    OF    THE    SACRAMENT 

Thus  whoever  in  virtue  of  a  public,  ecclesiastical  office  exist- 
ing of  divine  right  has  subjects  over  whom  he  rules  and  is  judge, 
exercises  jurisdiction  in  the  Sacrament  of  Penance  potestate 
ordinaria;  others  exercise  this  function  potestate  delegata  vel  a 
proprie  dictis  Superioribus  communicata;  hence  the  latter  are 
dependent  on  their  Superiors  in  the  exercise  of  their  powers 
quoad  liceitatem  et  quoad  valorem. 

Although  any  one  with  potestas  ordinaria  can  impart  it  to 
another,  the  Supreme  Authority  of  the  Church  on  which  de- 
pends all  valid  exercise  of  jurisdiction  has  so  ordered  it  that  no 
one  may  exercise  delegated  jurisdiction  in  the  tribunal  of  pen- 
ance —  at  least  with  regard  to  lay  people  —  without  having 
previously  received  episcopal  approbation;  hence  the  delega- 
tion by  those  who  are  subject  to  the  bishop  and  have  powers 
of  delegation  is  as  a  rule  quite  useless.  Indeed,  it  is  now  the 
custom  generally  to  give  approbation  and  jurisdiction  at  the 
same  time;  nevertheless,  cases  might  occur  in  which  the  dis- 
tinction must  be  observed. 

Approbation  in  se  is  nothing  more  than  a  formal  declaration 
that  a  priest  is  a  suitable  person  (aptus)  to  exercise  sacramental 
jurisdiction;  his  fitness  or  capacity  for  the  work  is  judged  by 
his  science  and  morals.  Approbation  cannot  be  given  licitly 
unless  the  fitness  of  the  subject  is  ascertained  or  reasonably 
presumed,  though  its  validity  is  not  affected  by  the  want  of  this 
fitness;  but  the  Superior  ought  to  withdraw  his  approbation 
when  the  subject  is  unfit.  The  Council  of  Trent  interprets  the 
phrase  Public  Approbation  not  only  as  a  testimonium  auctori- 
tativum  that  the  priest  is  a  fit  subject  to  exercise  jurisdiction, 
but  also  as  the  facultas  audiendi  confessiones  which  the  bishop 
grants  to  a  priest  who  is  considered  fit  for  the  office ; 5  for  the 
Council  declares  that  he  only  can  hear  confessions  who  has  been 
given  charge  of  a  parish  or  who  has  received  approbation.     Be- 

6  Trid.  Sess.  XXIII.  cp.  15,  reform. 


ORDERS,    JURISDICTION,    APPROBATION  283 

yond  that  nothing  else  is  demanded  for  the  exercise  of  juris- 
diction, hence  approbation  or  Ihe  appointment  to  a  parish  is  the 
only  condition  required  for  hearing  confessions.  Moreover,  in 
papa]  constitutions  the  approbation  is  called  Ucentia  or  facultas 
(iiidiendi  confessiones,  and  in  common  speech  an  approved  priest 
is  one  who  has  jurisdiction.6  All  this  is  in  perfect  agreement 
with  the  practice  of  bishops,  who  usually  grant  jurisdiction  along 
with  approbation.7 

fi  Ben.  XIV.  De  Syn.  Lib.  9,  cp.  16,  n.  7;  Instit.  n.  14  ss.  et  Instit.  86; 
S.  Carol.  Borrom.  Cone.  Provinc.  T.  part  2  et  VI.  part  3,  etc. 
7  Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  II.  n.  546  ss. 


CHAPTER  I 

JURISDICTION 

37.   The  Minister  of  the  Sacrament  with  Ordinary  Jurisdiction. 

I.  The  Pope  has  jurisdictio  ordinaria  over  the  whole  Church. 
This  requires  no  proof.  The  Vatican  Council  decreed  that  the 
jurisdiction  of  the  Pope  is  a  real  episcopal  jurisdiction,  imme- 
diate and  extending  to  all  the  faithful.  Theologians  discuss 
at  length  --  and  it  is  a  question  not  to  be  omitted  here  —  how 
it  is  that  the  Pope  can  give  power  to  another  to  absolve  him- 
self (the  Pope).  Lugo  discusses  at  length  that  there  is  no  con- 
tradiction in  the  Pope  delegating  to  another  such  jurisdiction 
over  himself,  and  still  less  contradiction  appears  when  we  reflect 
that  that  jurisdiction  in  foro  sacramentali,  though  exercised  and 
delegated  by  the  pastor  of  the  Church,  is  always  exercised  in 
the  name  of  Christ ;  nor  is  there  anything  absurd  in  the  fact  of 
the  Pope  as  a  private  individual  being  subject  to  his  own  juris- 
diction in  his  capacity  as  a  public  person.  Though  he  cannot 
bind  and  punish  himself,  he  may  subject  himself  to  another  and 
share  in  the  graces  and  privileges  of  the  Church,  otherwise  he 
could  not  obtain  absolution  at  all.8 

II.  By  divine  right,  the  bishops  exercise  potestas  ordinaria  in 
their  own  dioceses,  even  in  foro  interno,  subject,  of  course,  to 
the  authority  of  the  Pope.  Although  every  bishop  receives  his 
jurisdiction  from  the  Holy  See,  the  episcopal  office  is  one  of 
divine  right  and  confers  a  definite  jurisdiction,  a  very  important 

8  Cf.  Palmieri,  1.  c.  Thes.  XVI;  Lehmkuhl,  1.  c.  Sect.  III.  cp.  I.  art.  II. 
n.  374. 

284 


ORDINARY    JURISDICTION  285 

section  of  which  is  the  jurisdiction  in  joro  sacramentali.  As  long 
as  a  bishop  remains  in  office  and  in  the  exercise  of  it,  he  cannot 
be  deprived  of  the  power  of  absolving  his  subjects,  though  this 
power  may  be  limited  by  reservations  imposed  by  the  Pope.  A 
bishop  may  also,  for  grave  reasons,  be  deprived  of  his  office,  or 
the  exercise  of  it  may  be  forbidden,  or  his  jurisdiction  taken 
away ;   and  such  is  the  effect  of  certain  ecclesiastical  censures. 

III.  By  ecclesiastical  law,  all  vicars-general,  and  sede  vacante 
vicars-capitular,  have  the  same  jurisdiction  as  the  bishop  over 
his  diocese  in  joro  interno.  The  jurisdiction,  however,  of  the 
vicar-general  is  wholly  dependent  on  that  of  the  bishop,  hence 
the  saying:  Episcopi  morte  moritur  Vicarius  generalis;  and  he 
has  no  other  faculties  than  those  which  the  bishop  has  attached 
to  his  office.  If,  for  instance,  a  bishop  by  a  special  privilege  of 
the  Holy  See  has  more  extended  faculties,  these  do  not  pass  to 
the  vicar-general  unless  the  bishop  transfers  them  to  him  with 
leave  from  the  Holy  See.  During  the  vacancy  of  the  episcopal 
see,  the  whole  of  the  bishop's  faculties,  with  a  few  exceptions, 
are  transferred  to  the  vicar-capitular  or  administrator. 

IV.  By  the  law  of  the  Church,  parish  priests  have  jurisdictio 
ordinaria  over  their  parishioners,  and  their  power  is  measured 
by  what  the  Church  imparts  to  them  as  the  constituted  assist- 
ants of  the  bishop.  In  relation  to  their  own  parish  they  are 
pastores  proprii,  having  only  administrative  power  in  joro  externo, 
but  in  joro  interno  plena  jurisdictio  subject,  of  course,  to  such 
limitations  as  may  be  imposed  by  the  Pope  or  their  bishop.  By 
his  appointment  (collatione)  to  a  parish  a  priest  acquires  the 
right  of  hearing  the  confessions  of  his  subjects.  Nevertheless, 
the  bishop  has  the  right  of  examining  his  clergy  periodically  to 
make  sure  of  their  fitness  to  hear  confessions.9 

9  Benedict  XIV,  Notificatione  9,  n.  16  :  Scavini,  1.  c.  Tract.  X.  Disp.  T.  cp. 
4,  n.  96,  nota  229.  Cf.  Deer.  S.  C.  Concil.  quoted  by  Scavini.  The  same 
author  goes  on  to  observe  thai  by  a  decision  of  the  Rota  a  causa  sufficiens 

for  a  new  examination   may  be  libitum  el  sola  quits  episcopi  when   there  is 


286  THE    MINISTER    OF    THE    SACRAMENT 

V.  The  Cathedral  Penitentiary  has  also  ordinaria  jurisdictio  for 
the  whole  diocese  in  places  where  the  office  is  established,  and 
he  may  absolve  all  belonging  to  the  diocese,  even  outside  the 
boundaries  of  the  diocese ; 10  and  this  power  is  secured  to  him, 
not  by  any  concession  from  the  bishop,  but  by  a  law  passed  by 
the  Council  of  Trent.11 

VI.  Others  may,  also,  in  virtue  of  the  Church's  law,  acquire 
jurisdictio  ordinaria,  and  as  a  matter  of  fact  it  is  enjoyed  by  Pre- 
l(i I i  regulares  with  respect  to  their  subjects,  by  Legates  over  their 
province.  That  of  Cardinals  over  their  churches  is  confined  to 
very  narrow  limits.  Those  are  regarded  as  subjects  who  have 
domicile  or  quasi-domicile  within  the  parish  or  diocese;  hence 
the  jurisdiction  of  bishops  and  parish  priests  is  primarily  local 
and  secondarily  personal;  that  is,  it  extends  to  those  who  have 
their  dwelling  in  a  definite  place.  On  the  other  hand,  the  juris- 
diction of  Regular  Prelates  is  chiefly  personal,  and  is  confined 
to  definite  local  limits  only  secondarily. 

Since  the  Council  of  Trent  excepts  from  the  further  appro- 
bation of  the  bishops  only  those  priests  who  are  in  charge  of  a 
parish,  a  difficulty  may  occur  as  to  the  jurisdiction  of  priests 
who  have  no  parish,  but  who  exercise  a  definite  cura  spiritualis 
over  certain  subjects.  We  must  inquire  first  of  all  into  the 
faculties  which  the  Holy  See  has  annexed  to  such  offices,  for 
since  the  Council  emanated  from  the  Holy  See  the  latter  is  em- 
powered to  make  exceptions.  The  question  is  of  peculiar  inter- 
est with  regard  to  military  chaplains,  as  to  whether  they  can 
hear  the  confessions  of  soldiers  in  garrison  without  the  appro- 
question  of  priests  who  have  been  examined  by  his  predecessors;  as  for 
those  whom  he  has  himself  examined,  he  is  justified  in  calling  them  to 
account  again  quando  adest  vehemens  suspicio  de  illorum  imperitia,  nor  is  it 
necessary  that  judicial  proof  of  this  imperitia  be  forthcoming.  Deer.  15 
Jan.,  1667  et  22  Sept.,  1668.  Cf.  Bened.  XIV,  De  Synod,  dioec.  1.  13,  cp.  9, 
n.  21. 

10  Scavini,  1.  c.  n.  98,  nota  230;  S.  Alph.  1.  c.  nn.  555-558  ;  PI.  A.  n.  81. 

11  Sess.  XXIV.  cp.  8  de  reform. 


ORDINARY    .JURISDICTION  287 

bation  of  the  bishop  of  the  diocese.  No  general  rule  can  be  laid 
down  for  all  cases.  Wherever  a  regularly  appointed  army-bishop 
or  even  a  Capellanus  major  exists,  he  generally  receives  the  fullest 
faculties,  not  only  for  hearing  the  confessions  of  the  soldiers 
himself,  but  also  for  appointing  other  priests  or  chaplains  to 
that  duty  without  consulting  the  bishop  of  the  diocese;12  other- 
wise no  military  chaplain  may  hear  the  confessions  of  soldiers 
in  garrison  without  special  powers  from  the  Pope  or  the  per- 
mission and  approbation  of  the  Ordinary.13  Thus  their  faculties 
are  confined  to  the  soldiers  when  on  the  march  or  in  camp. 

All  who  have  jurisdictio  ordinaria  can  receive  the  confessions 
of  their  subjects  and  absolve  them  wherever  they  happen  to  be, 
for  such  jurisdiction  belongs  to  their  office  and  accompanies 
them  everywhere.  Thus  a  parish  priest  can  always  hear  the 
confessions  of  his  parishioners  whether  he  be  within  or  beyond 
(lie  bounds  of  his  parish  and  diocese  or  not.  A  curate,  chaplain, 
or  other  assistant  priest  cannot  receive  confessions  outside  the 
diocese,  even  if  he  have  faculties  for  the  whole  diocese;,  to  do  so 
he  would  have  to  apply  to  the  bishop  of  the  diocese  in  which 
the  penitent  happens  to  be. 

De  jure  a  parish  priest  is  approved  only  for  the  territory  of 
his  benefice  "pro  suo  tantum  oppido  ubi  sita  sit  parochialis  eccle- 
sia,"  according  to  the  decrees  of  the  S.  C.  C.H  He  may  not, 
therefore,  when  in  another  diocese,  hear  the  confessions  of 
strangers  (who  are  not  his  own  subjects)  without  leave  of  the 
bishop  of  that  diocese.  Indeed,  per  se,  he  may  not  hear  the 
confessions  of  strangers  in  another  parish  even  of  his  own  diocese. 
At  the  present  day,  however,  it  is  the  practice  sanctioned  either 
by  law  or  by  custom  that  parish  priests  and  their  curates  may 
hear  confessions  anywhere  within  the  diocese.15 

12  Scavini,  1.  c.  n.  231  ;  Benedict  XTV,  Quoniam,  28  Maj.,  1746. 

13  Acta  S.  Sed.  Vol.  [.p.  681,  R,esp.  ii  Mart,,  L69  1,  'JD  Jan.,  1707,  in  Frising. 

14  Bouix,  De  Parocho,  p.  iv.  cp.  14. 

15  Gobat,  1.  c.  Tract.  7,  n.  45;  Gary,  Ed.  Rati.sb.  not.  ad  n.  552. 


288  THE    MINISTER    OF    THE    SACRAMENT 

In  his  own  parish  a  parish  priest  may  hear  the  confessions  of 
any  one  who  approaches  him,  even  strangers,  since  he  is  the 
approved  confessor  in  his  own  parish. 

Jurisdictio  ordinaria  is  lost:  (a)  by  loss  of  the  office  or  bene- 
fice to  which  it  is  attached;  (b)  by  excommunication  or  suspension 
if  the  censure  carries  the  stigma  "vitandus."  Other  excommu- 
nications or  suspensions  impede  only  the  licit  exercise  (licitus 
usus)  of  the  powers. 

38.   The  Minister  of  the  Sacrament  with  Delegated  Jurisdiction  or 

Approbation. 

I.  All  priests  who  have  not  jurisdictio  ordinaria,  but  act  only 
ex  jurisdictione  delegata,  require  for  the  licit  and  valid  exercise  of 
their  office  the  approbation  of  the  bishop  of  the  place  where  they 
hear  confessions,  unless  they  enjoy  some  special  privilege  from 
the  Holy  See.  The  Constitution  of  Innocent  XII,  9  Apr.,  1700, 
"Cum  Sicut,"  is  very  explicit  in  this  matter,  as  is  also  that  of 
Innocent  XIII,  23  Sept.,  1723,  "Apostolici  muneris,"  which 
was  confirmed  by  Benedict  XIV  in  his  Constitution,  5  Aug., 
1744,  "Apostolica  indulta,"  in  the  following  words:  "No  priest, 
whether  secular  or  regular,  may  hear  confessions  without  the 
approbation  of  the  Ordinary  of  the  diocese  where  the  penitent 
dwells  or  sojourns,  and  it  is  expressly  decreed  that  all  privileges 
to  choose  a  confessor  from  the  clergy  approved  by  the  bishop 
are  to  be  understood  only  as  giving  powers  to  choose  any  one 
approved  by  the  bishop  of  the  place  where  the  confession  is 
made."16 

16  After  the  Council  of  Trent,  a  lengthy  controversy  arose  among  the 
theologians  as  to  which  bishop  ought  to  give  the  approbation  to  the  con- 
fessor ;  many  thought  it  was  the  confessor's  bishop,  others  the  penitent's ; 
with  regard  to  exempted  Regulars,  it  seemed  probable  that  a  single  appro- 
bation, without  restrictions  from  any  bishop  at  all,  was  sufficient,  since  they 
are  not  the  subjects  of  the  bishops;  this  had  been  granted  by  Clement  VT[ 
and  Sixtus  V ;  moreover,  Gregory  XIII  gave  Religious,  when  on  a  jour- 
ney, the  power  of  hearing  confessions,  provided  they  had  the  sanction 
of   their  Superior  and  approbation  from  any  bishop;  this  privilege,  how- 


DELEGATED    JURISDICTION  289 

Since  the  conferring  of  approbation  is  not  an  act  of  the  Ordo 
episcopalis  but  of  episcopal  jurisdiction,  all  who  have  ordinary 
episcopal  jurisdiction  can  grant  approbation,  thus :  (1)  the  bishop 
elect  and  confirmed,  though  not  yet  ordained;  (2)  the  vicar- 
general  since  he  exercises  the  jurisdiction  of  the  bishop;  (3)  the 
vicar-capitular  sede  vacante,  since  he  succeeds  to  the  jurisdiction 
of  the  bishop;  (4)  vicars-apostolic  who  are  appointed  by  the 
Pope  in  place  of  bishops;  and  (5)  abbots  who  are  not  affiliated 
to  a  diocese. 

The  bishop  may  insist  on  an  examination  before  granting 
approbation,  though  he  may  dispense  with  it  since  there  are 
other  means  of  ascertaining  the  fitness  of  a  priest  for  hearing 
confessions.17  Any  priest  whether  secular  or  regular  may  be 
called  on  again  for  examination  by  the  bishop,  if  the  latter  has 
not  approved  the  candidate  himself,  although  a  former  bishop 
may  have  done  so.  A  confessor  even  approved  by  his  own 
Ordinary  may  be  examined  if  he  has  received  approbation  with- 
out undergoing  examination.  Those,  however,  whom  the  bishop 
has  approved  after  an  examination  may  not  be  reexamined 
without  a  justa  causa. 18  A  bishop  sins  by  refusing  approba- 
tion to  a  competent  priest,  for  all  priests  have  a  claim  to 
approbation  in  virtue  of  their  sacerdotal  character,  so  that  to 
deny  it  to  a  suitable  candidate  would  be  an  infringement  of  his 
rights. 

The  approbation  which  is  necessary  for  a  valid  absolution 
may  not  be  presumed ;  it  must  be  actually  conferred  and  made 
known  to  the  priest ;  for  since  there  is  question  of  the  validity  of 
an  act,  only  the  faculties  which  the  bishop  has  really  conferred, 
not  those  which  he  will  grant,  can  be  considered.  Hence  when 
a  priest  applies  for  faculties  he  cannot  hear  confessions  till  he 

ever,  was  not  to  be  made  use  of  in  the  towns  or  places  where  the  bishop 
was  actually  residing,  without  the  latter's  permission.  Innocent  XII,  how- 
ever, withdrew  all  privileges  contrary  to  his  bull.     S.  Alph.  1.  c.  n.  458. 

17  Trid.  1.  c.  and  the  Constit.  "  Superna,"  Clem.  X,  etc. 

1&  S.  Alph.  1.  c.  n.  552 ;  II.  A.  75. 


290  THE    MINISTER    OF    THE    SACRAMENT 

has  received  them,  even  when  from  his  knowledge  of  the  bishop 
he  feels  confident  of  receiving  the  faculties  and  knows  that  they 
are  already  on  the  way.  The  faculties  may  be  acted  upon  when 
conveyed  verbally  by  any  trustworthy  person.19 

Approbation  is  required  even  before  absolving  from  venial 
sins  already  confessed;  after  the  decree  of  Innocent  XI,  1679, 
we  cannot  any  longer  assume  that  the  Church  here  supplies 
jurisdiction  to  the  priest.20 

A  bishop  in  traveling  may  take  with  him  any  of  his  priests 
to  accompany  him  as  confessor;  but  if  the  priest  is  not  a  sub- 
ject of  said  bishop  (whether  by  domicile  or  quasi-domicile),  he 
may  not  receive  the  confession  of  the  bishop  unless  he  be  ap- 
proved, as  St.  Alphonsus  adds,  by  the  bishop  of  the  priest's 
domicile  (Fagnani  and  Lugo)  or,  as  Scavini  remarks,  by  the 
bishop  of  the  place;  the  Congregation  S.  C.  C.  decreed  so  early 
as  1609  that  a  bishop  outside  his  own  diocese  might  confess 
only  to  a  priest  approved  ab  ordinario  loci  (except,  of  course, 
when  the  priest  is  a  subject  of  the  bishop),  so  that  Scavini's 
decision  is  the  norm  to  be  observed  in  practice.21 

Cardinals,  papal  domestic  prelates;  and  royalty  may  choose 
any  approved  confessor  and  be  absolved  by  him  anywhere. 
Even  in  Rome  itself  Cardinals  and  bishops  may  choose  for 
themselves  and  for  their  household  any  suitable  priest  as  con- 
fessor and  retain  him  with  them  for  that  purpose  also  when 
they  leave  the  city.22 

19  S.  Alph.  1.  c.  h.  570;  II.  A.  n.  83.  Lehmkuhl  is  of  opinion  that  a 
priest  who  is  convinced  of  the  bishop's  consent  to  his  demand  for  approba- 
tion, may  give  absolution  validly,  but  not  licitly,  when  the  paper  granting 
the  faculties  has  been  signed  and  sent  off,  so  that  it  cannot  be  reclaimed  or 
changed  except  by  a  message  directed  to  the  priest  himself,  or  when  the 
liishop  has  given  the  paper  containing  the  approbation  to  the  priest's  mes- 
senger, who  has  not  yet  delivered  it.     Lehmkuhl,  1.  c.  n.  380,  nota. 

20  S.  Alph.  1.  c.  nn.  543,  582;  H.  A.  76,  132. 

21  Confirmed  by  Greg.  XIII,  1  Dec,  1582. 

22  Cf.  S.  Alph.  and  the  other  authors  quoted  above.  Rallerini,  Op. 
Theol.  Mor.  1.  c,  Quid  sil  approbatio  el  a  i/u<>  petenda,  n.  546  ss. 


DELEGATED    JURISDICTION  291 

A  bishop  can  give  faculties  for  hearing  confessions  in  his  own 
diocese  to  a  priest  belonging  to  another  diocese,  for  the  latter 
in  ordine  ad  hoc  opus  is  subject  to  the  bishop  of  the  diocese 
where  the  confessions  are  heard.  This  is  the  universal  practice 
in  the  Church. 

A  parish  priest  cannot  of  his  own  authority  give  faculties  to 
a  priest  of  another  diocese  to  hear  the  confessions  of  his  own 
parishioners  because  the  furisdictio  ordinaria  which  goes  along 
with  the  benefice  extends  only  to  the  parish  in  his  own  charge. 
There  is  a  custom,  however,  in  many  places  among  parish  priests 
in  outlying  districts  of  the  diocese  to  authorize  the  priest  of  a 
neighboring  diocese  to  assist  them  in  hearing  confessions.  This 
custom,  which  is  recognized  by  the  bishops,  confers  jurisdiction 
ex  tacita  episcoporum  approbatione.23  Thus  many  bishops  have 
an  explicit  agreement  by  which  approved  priests  of  neighboring 
dioceses  may  assist  one  another  in  the  confessional.  Those  who 
supply  in  another  diocese,  however,  must  pay  attention  to  the 
cases  reserved  to  the  bishop  in  that  diocese,  since  for  the  time 
being  they  are  subject  to  him  in  ordine  ad  hoc  munus. 

II.  Approbation  may  be  granted  without  any  limitations;  the 
bishop  may,  if  he  wash,  limit  the  approbation  according  to  time, 
place,  and  persons,  most  certainly  if  the  approbation  include 
jurisdiction,  for  the  whole  subject  is  one  of  delegation  and  all 
delegation  is  regulated  by  the  intention  of  the  Superior.  Even 
when  approbation  in  the  strict  sense  only  is  conferred  the  bishop 
may  ex  rationabili  causa  confine  it  within  a  given  time,  a  fixed 
place,  or  over  a  certain  class  of  persons  (children,  men).  The 
grounds  for  such  a  limitation  might  be,  for  instance,  defects  of 
ability,  care,  or  study. 

III.  The  bishop  may  not  only  impose  limits  in  his  approba- 
tion, but  he  may  also  recall  it  entirely,  for  all  delegated  author- 
ity exists  only  at   the  pleasure    of    the   Superior;    reasonable 

23  Cf.  S.  Alph.  1.  c.  n.  544;  II.  A.  n.  77. 


292  THE    MINISTER    OF    THE    SACBAMEXT 

grounds  must  exist  for  such  withdrawal  if  it  is  to  be  licit.  It  is 
a  debated  point  among  theologians  whether  withdrawal  without 
any  grounds  is  valid  or  not.  The  view  that  such  withdrawal  is 
invalid  because  it  is  an  unjust  deprivation  of  rights  conferred, 
is  certainly  probable  and  maintained,  among  others,  by  Suarez, 
Lugo,  and  St.  Alphonsus;  but  since  it  is  not  easy  to  establish 
the  want  of  just  grounds  the  view  is  of  but  little  practical  appli- 
cation; the  bishop  may  be  acting  upon  reasons  which  are  un- 
known to  Ms  clergy,  and  while  doubts  remain,  the  presumption 
is  always  in  favor  of  the  bishop.24 

IV.  When  the  approbation  is  granted  for  a  fixed  length  of 
time  it  ceases  after  that  period;  otherwise  only  by  withdrawal; 
when  given  without  any  limitations  it  does  not  cease  with  the 
death  of  the  giver,  nor  even  when  the  recipient  changes  his 
domicile.  This  may  be  considered  quite  certain  with  regard  to 
Regulars  who  have  once  received  unlimited  approbation.25 

Regulars,  on  account  of  their  privileges  and  dependence  on 
the  Holy  See,  are  distinguished  in  many  details  from  the  secular 
priesthood  with  regard  to  jurisdiction. 

V.  The  secular  clergy  receive  jurisdiction  and  approbation 
either  from  their  owm  bishop  or  from  the  bishop  in  whose  dio- 
cese they  are  hearing  confessions.  Regulars  receive  jurisdic- 
tion from  the  Sovereign  Pontiff  through  their  Superiors,  who 
must  confer  the  jurisdiction  as  from  the  Pope,  not  like  the  bish- 
ops granting  it  on  their  own  authority,  but  only  as  represent a- 

24  S.  Alph.  n.  551 ;  H.  A.  n.  75. 

25  Whenever  both  jurisdiction  and  approbation  are  granted  on  account 
of  the  office  which  the  priest  exercises  as  a  subject  of  the  bishop,  they  lapse 
on  the  office  being  surrendered.  Hence  a  secular  priest  who  has  had  fac- 
ulties to  hear  confessions  in  some  diocese  in  virtue  of  a  chaplaincy  or  other 
appointment,  is  deprived  of  these  faculties  on  being  changed  to  another 
diocese  unless  the  bishop  is  distinctly  understood  to  wish  to  continue  them. 
The  same  holds  true  for  a  Religious  who  has  received  faculties  from  his 
local  Superior  ;  his  faculties  lapse  when  he  is  removed  to  another  diocese 
and  do  not  revive  merely  by  his  return  to  the  scene  of  his  former  labors. 
Lehmkuhl,  1.  c.  n.  381,  nota  1. 


DELEGATED    JURISDICTION  293 

tives  of  the  Apostolic  See.  Besides  this  jurisdiction  they  must 
also  have  the  approbation  of  the  Episcopus  loci;  then  as  far  as 
jurisdiction  is  considered  they  may  absolve  any  one.20 

Though  all  Regulars  have  jurisdiction  from  the  Pope  they 
cannot  hear  confessions  without  the  approbation  of  the  bishop, 
which  may  not  be  refused  without  just  and  reasonable  motives; 
of  these,  however,  the  Regular  is  not  the  judge,  and  if  he  be 
refused  approbation,  he  is  effectually  debarred  from  hearing  con- 
fessions.27 

Clement  X  imposed  certain  limitations  on  bishops  with  regard 
to  the  granting  or  refusing  of  approbation  to  the  Regular  clergy. 
He  decreed:28  — 

1.  That  Religious  who  were  proved  capable  of  hearing  con- 
fessions, should  be  permitted  by  the  bishop  to  hear  confes- 
sions anywhere  in  the  diocese  without  restriction  of  time, 
place,  or  person;  with  regard,  however,  to  those  who  were 
not  so  well  prepared  the  bishop  should  be  left  to  his  own  judg- 
ment in  the  matter  of  imposing  restrictions. 

2.  Those  who  had  once  received  approbation  might  hear  the 
confessions  of  any  of  the  faithful,  even  of  the  sick,  without  leave 
of  the  parish  priest  or  even  of  the  bishop,  at  any  time  of  the 
year,  including  even  Easter,  within  the  diocese  of  the  bishop 

26  Lehmkuhl,  1.  c.  Sect.  I.  art.  TIT.  n.  379.  Gury,  II  De  Sacram.  Poenit.  P. 
III.  cp.  I.  art.  II.  Append,  n.  557.  Scavini,  Tract.  III.  Disp.  I.  cp.  3,  art.  3,  519. 
Aertnys  on  Approbation  says :  in  sensu  quo  Concilium  Tridentinum  usurpat, 
approbatio  dicenda  videtur  facultas  audiendi  confessiones  db  Episcopo  facta 
Sacerdoti  qui  idoneus  judicatus  est  —  and  he  supposes  that  Regulars  do  not, 
as  many  maintain,  receive  jurisdiction  from  the  Pope.  He  appeals  to  the  S. 
C.  Ep.  et  Reg.  2  Mar..  ISfiG,  also  Extrao.  comm.  cp.  2  de  sepult  ex  clement.,  cp. 
2  de  sepult.  and  Extrao.  comm.  cap.  mi.  de  judic,  where  the  Pope  gives  juris- 
diction to  a  Regular  only  when  it  has  been  refused  by  the  bishop,  whence  it 
would  seem  that  jurisdiction  proceeds  from  the  bishop  except  in  the  cases 
where  he  refuses  to  give  it.  Still  it  remains  to  De  proved  that  Regulars  do 
not  receive  jurisdiction  from  the  Pope  through  their  Superiors  and  approba- 
tion from  the  bishop.  Cf.  Gury,  Edit.  Ratisb.  V.  in  Germania,  Nbta  Editoris 
ad  n.  557. 

27  Cf.  Thesis  13  abAlexand.  VII.  prescript.  28  Const.  Su  pern  a. 


294  THE    MINISTER    OF    THE    SACRAMENT 

who  conferred  the  approbation;  in  cases  where  they  had  heard 
the  confessions  of  the  sick  they  should  inform  the  parish  priest, 
at  least  by  a  letter  left  with  the  sick  person;  the  penalty  for 
neglect  in  this  matter  being  suspension  from  the  right  of  hearing 
confessions.  (The  latter  obligation  is  not  enforced  in  missionary 
countries,  where  by  general  consent  any  approved  priest  maj 
hear  the  confessions  of  the  sick.) 

3.  Any  Regular  who  has  been  approved  by  the  bishop  after 
examination  and  without  any  restriction  cannot  be  called  again 
for  examination  by  his  bishop  (this  does  not  hold  when  the  fac- 
ulties have  been  obtained  from  the  vicar-general  or  the  prede- 
cessor of  the  bishop),  nor  can  he  be  suspended  from  hearing 
confessions ;  moreover  he  cannot  even  be  deprived  of  his  facul- 
ties unless  for  reasons  connected  with  the  Sacrament  itself;  the 
reasons  for  such  objection  need  not  be  judicially  proved,  nor  is 
the  bishop  obliged  to  communicate  them  himself  to  the  Regular 
in  question,  but  he  must  reveal  them  to  the  Pope  if  the  latter 
insists  on  being  informed  of  them.  Hence  in  the  whole  process 
the  Regular  must  act  in  submission  to  the  bishop,  and  if  he  be 
convinced  that  he  is  treated  unjustly,  he  may  have  recourse  to 
the  Holy  See;  in  the  meantime,  however,  his  attitude  must  be 
one  of  submission. 

4.  Though  a  blameless  life  and  unspotted  morals  are  of  the 
greatest  moment  in  the  ministers  of  this  Sacrament  ...  no 
bishop  can  deprive  a  whole  community  of  faculties  on  the  ground 
of  general  unfitness,  without  consulting  the  Holy  See. 

Hence  we  conclude  :  — 

1.  Approbation  is  justly  limited  in  the  case  of  Religious  who 
have  not  passed  an  examination. 

2.  Approved    Regulars    may    be    recalled    for    examination: 

(a)  when  they  have  received  approbation  without  examination  ,- 

(b)  when  after  examination  they  have  received  only  limited 
approbation;  (c)  when  this  approbation  has  been  received 
from   the  vicar-general   or  the  bishop's  predecessor,   and   this 


DELEGATED    JURISDICTION  295 

though  the  examination  has  been  passed  and  unlimited  approba- 
tion conferred;  (d)  when  any  reason  is  presented  connected 
with  the  Sacrament  itself;  and  this  holds  for  those  who  after 
examination  even  have  received  the  fullest  approbation  from 
the  bishop  himself.29 

Except  in  the  case  of  special  legislation  to  the  contrary  on 
the  part  of  the  Holy  See  any  Religious  may  receive  both  juris- 
diction and  approbation  ab  Episcopo  loci,  and  at  the  present  day 
that  is  the  way  in  which  bishops  understand  the  conferring  of 
approbation.  This  view  solves  the  question  of  the  validity  of 
absolution  given  by  a  Religious  without  the  knowledge  or  even 
against  the  will  of  his  Superior.30 

Moreover,  Religious  Superiors  may  receive  from  the  bishop  the 
power  of  imparting  faculties  to  their  subjects;  the  extent  of  the 
faculties  must,  of  course,  be  ascertained.  When,  for  example, 
the  bishop  gives  general  faculties,  reserved  cases  are  not  included 
even  when  they  are  not  expressly  excepted.31  When  the  bishop 
gives  more  extended  faculties,  as,  for  instance,  on  the  occasion 
of  a  mission,  and  a  Religious  Superior  imparts  to  his  subjects 
these  faculties'  for  the  mission,  he  is  supposed  to  give  all  the 
faculties  which  he  has  received  from  the  bishop,  because  he  is 
then  acting  only  as  the  bishop's  mouthpiece  unless,  of  course, 
he  states  the  contrary.  When,  again,  the  bishop  gives  faculties 
for  a  special  object  they  are  not  to  be  used  for  anything  beyond 
that  object;  it  is  another  question  when  some  special  work  is 
seized  upon  only  as  an  occasion  for  asking  and  giving  faculties.32 

29  Lehmkuhl,  1.  c.  n.  382;  cf.  Gury,  1.  c. ;  cf.  Ballerini,  Op.  Theol.  Mor. 
1.  c.  cp.  II.  n.  583  ss. 

30  The  case  is  solved  by  Aertnys,  who  quotes  a  decree  S.  C.  Ep.  et  Reg.  2 
Mar.,  1866  (Acta  S.  Sedis,  vol.  1.  p.  683)  :  "A  n  religiosus  non  approbates  juxta 
ler/es  proprii  Ordinis  a  sun  Superiore  vel  ipso  invito  cum  sola  facultate  ordinarii 
valide  excipiat  confessiones  soscularium."  R.  "  Affirmative."  It  is  needless  to 
say,  of  course,  that  such  conduct  is  illicit. 

31  In  accordance  with  the  Rule  of  Boniface  VIII,  1.  5,  tit.  10,  cp.  2  in  6 
82  Lehnikuhl,  1.  c.  n.  383. 


296  THE    MINISTER    OF    TEE    SACRAMENT 

VI.  Strangers  (peregrini),  i.e.  those  who  are  not  in  the  dio- 
cese of  their  domicile  or  quasi-domicile,  may  be  absolved  by  a 
Religious  without  any  difficulty  as  subjects  of  the  Pope  (from 
whom  the  Religious  presumably  receives  jurisdictio  delegata) ; 
they  may  also  in  virtue  of  an  old  and  approved  custom  in 
the  Church  be  absolved  by  any  other  confessor.  This  is  the 
unanimous  verdict  of  all  theologians,  though  there  is  diversity 
of  opinion  as  to  the  theory  which  justifies  the  practice  of  secular 
priests  in  this  matter,  nor  is  the  manner  of  solving  the  question 
an  indifferent  matter;  if,  for  instance,  a  stranger  is  absolved  in 
virtue  of  the  jurisdiction  which  his  own  bishop  confers  on  the 
priest,  the  bishop  can  absolutely  forbid  him  to  seek  absolution 
from  a  strange  priest  by  declaring  such  absolution  invalid ;  (this, 
of  course,  applies  to  secular  priests;  with  regard  to  Religious 
confessors  there  is  no  difficulty).33  Thus  on  the  solution  of  this 
question  depends  the  power  over  cases  reserved  in  another  dio- 
cese. Some  theologians  now  maintain  that  the  jurisdiction  of  a 
priest  over  a  stranger  is  based  on  the  tacit  consent 34  of  all  the 
bishops,  while  others  hold  that  it  is  a  universal  custom  of  the 
Church  having  the  force  of  law.35  But  neither'  the  consensus 
Episcoporum,  nor  consuetudo,  even  when  the  latter  has  the  force 
of  law,  can  convey  jurisdiction  if  we  are  to  follow  the  teaching 
of  the  Church;  we  must  suppose,  then,  that  the  propounders  of 
such  a  view  meant  to  state  it  thus :  the  Church,  i.e.  the  Pope, 
either  makes  the  Episcopus  loci  an  Episcopus  peregrinorum,  or 
he  delegates  his  own  jurisdiction  to  all  confessors.  Since  the 
first  view  is  hardly  possible,  they  are  forced  to  the  conclusion 
that  the  Pope,  either  by  express  or  legal  consent  to  the  universal 
custom,  grants  to  all  approved  confessors  a  delegated  jurisdic- 

33  Cf.  Gury,  1.  c.  n.  555,  Q.  13,  Edit.  Roman.  Whether  a  bishop  can  forbid 
his  diocesans  to  make  their  confessions  outside  his  diocese  under  pain  of 
invalidity. 

84  Gury,  cf.  1.  c.  Edit.  Ratisb.  ad  mi.  554,  555,  also  Nota  Edit. 

85  Cf .  S.  Alph.  1.  c.  n.  569 :  spectato  consensu  Episcoporum  et  consuetudine. 


DELEGATED    JURISDICTION  297 

tion  to  absolve  strangers.  It  is  beyond  all  doubt  that  this  view 
is  probable  especially  when  we  add  the  weight  of  St.  Alphonsus' 
authority.  The  case,  however,  is  not  quite  certain,  for  the  exist- 
ence of  the  custom  seems  to  prove  no  more  than  that  the  bishops 
themselves  as  a  rule  give  a  tacit  consent  to  the  arrangement,  and 
it  does  not  prove  that  the  bishops  are  obliged  to  agree  in  every 
case  to  this  arrangement,  or  that  their  power  over  a  subject  is 
withdrawn  by  the  fact  of  his  occasionally  leaving  the  diocese; 
and  it  still  remains  to  be  proved  that  the  Pope  so  entirely 
approves  of  the  practice  as  to  consent  to  break  through  the 
natural  order  of  things  by  which  all  authority  is  communicated 
through  immediate  Superiors,  not  directly  from  the  fountain- 
head;  at  the  same  time  it  is  beyond  all  question  that  the  Pope 
can  if  he  so  wishes  empower  any  secular  priest  to  hear  the  con- 
fessions of  peregrini;  and  if  a  bishop  were  without  any  pressing 
reason  to  forbid  his  subjects  to  confess  outside  their  own  diocese, 
the  Holy  See  could  always  be  petitioned  to  apply  a  suitable 
remedy  for  such  a  prohibition,  since  under  the  present  condition 
of  things  there  must  always  be  many  people  living  outside  of 
their  own  diocese.36 

Other  theologians  teach  that  peregrini  by  the  very  fact  of 
presenting  themselves  at  the  tribunal  of  penance  in  another 
diocese  become  subjects  of  the  Episcopus  loci  or  of  the  priest 
who  derives  his  faculties  from  him,  and  this  ex  universali  con- 
sensu quern  P.  M.  Eugenius  IV  approbavit.37  But  does  the  wish 
to  receive  the  Sacrament  make  the  peregrinus  a  subject  of  the 
bishop  or  the  bishop  his  superior?  Whoever  maintains  this 
and  grants  that  the  Episcopus  loci  is  not  the  bishop  of  the  pere- 
grinus, states  in  other  words  that  one  who  is  not  actually  a 
superior  may  be  judge  in  Joro  interno.     But  is  such  a  statement 

36  Zeitschrift  fiir  katliol.  Theol.,  Innsbruck,  1881  ;  Lehmkuhl,  1.  c.  n.  385. 

37  See  Miiller,  1.  c.  §  135,  n.  5.  Miiller  also  appeals  to  St.  Alphonsus; 
Lugo,  Disp.  20,  Sect.  5,  nn.  70,  72 ;  Suarez,  De  Poenit.  Disp.  30,  Sect.  1,  n  4; 
and  many  others. 


298  THE   MINISTER    OF    THE    SACRAMENT 

in  accordance  with  divine  right?  In  any  case  the  peregrinus 
remains  the  subject  of  the  bishop  of  the  diocese  in  which  he  has 
domicile  or  quasi-domicile,  and  no  proof  can  be  adduced  that 
the  bishop  of  the  place  in  which  the  peregrinus  makes  his  con- 
fession has,  by  virtue  of  his  office,  power  to  absolve  him ;  he  can 
do  that  only  when  he  is  superior  in  right  of  his  office,  and  he  can 
be  superior  only  when  he  is  the  bishop  of  the  peregrinus,  since 
human  and  divine  law  recognize  no  other  ecclesiastical  supe- 
rior than  Pope,  bishop,  parish  priest,  or  their  substitutes.  But 
no  one  would  maintain  that  the  Episcopus  loci  is  the  true 
bishop  of  the  peregrinus. 

Finally,  other  theologians  explain  the  jurisdiction  of  the  sec- 
ular priest  over  peregrini  in  this  manner:  that  the  bishop  of  the 
peregrinus  grants  tacitly  the  faculties  to  every  approved  priest  and 
is  generally  obliged  to  do  so.38  The  ecumenical  synods  of  Flor- 
ence, Trent,  and  the  Lateran  declare  that  the  absolution  granted 
by  any  other  than  one's  own  Ordinary  is  invalid  unless  leave  be 
obtained  from  him.  Now  such  a  permission  is  either  a  direct  or 
indirect  imparting  of  jurisdiction;  hence  every  absolution  is  in- 
valid which  is  given  without  jurisdiction  from  the  bishop  of  the 
penitent.  It  is  on  this  ground  that  theologians  and  canonists 
alike,  whether  of  the  older  or  more  recent  school,  insist  upon 
the  necessity  of  a  consent  on  the  part  of  the  Superior  or  bishop 
of  the  penitent  in  the  case  of  confessions  made  outside  his  own 
diocese.  Ballerini  (1.  c.  Dissert,  n.  33  ss)  concludes  his  learned 
investigation  of  this  question  in  answer  to  the  objections  of  the 
Vindicice  Alphonsiance  with  the  following  propositions,  which 
are  not  mere  speculative  conclusions,  but  are  in  fact  the  teach- 
ing of  the  Church,  resting  as  they  do  on  the  very  essence  and 
nature  of  the  Sacrament  as  solemnly  explained  and  defined  by 
the  Holy  See  and  ecumenical  councils:    (1)    in  order  to  absolve 

38  Cf.  Ballerini,  Notfe  ad  Gury,  1.  c.  ad  n.  555,  ',>.  11  ;  Ballerini,  Op.  Theol 
Mor.  vol.  V.  1.  c.  cp.  IT.  nn.  613-627,  Appenrtix-Dissertatio:  De  absolutione 
peregrinorum,  pp.  700-8.1."),  and  Lehmkuhl,  I.  c.  nn.  -jI')  el  384. 


DELEGATED    JURISDICTION  299 

a  peregrinus,  faculties  must  be  granted  by  one  who  has  ordinary 
jurisdiction  over  the  penitent;  (2)  the  existence  of  the  custom 
of  absolving  peregrini  outside  their  diocese  neither  conveys  nor 
can  convey  the  necessary  jurisdiction;  (3)  jurisdiction  is  given 
by  approbation  or  consent  (express  or  tacit)  or  leave  (implicit 
or  explicit)  of  the  Ordinary  or  of  the  particular  pastor  of  the 
peregrinus;  (4)  this  approbation  or  consent  includes  the  im- 
parting of  jurisdiction  to  the  confessor  chosen  by  the  peregrinus ; 
(5)  a  sufficient  indication  of  this  consent  exists  in  the  tolerance 
of  a  custom  with  the  knowledge  of  the  bishop  and  without  any 
remonstrance  on  his  part;  (6)  the  delegation  of  jurisdiction 
depends  on  this  consent  in  such  wise  that  the  pastor  of  souls 
may,  at  his  own  option,  retract  his  consent,  thus  abolishing  the 
custom  and  withdrawing  entirely  the  power  to  absolve  his  sub- 
jects.    All  these  statements  are  incontrovertible. 

Hence  since  a  penitent  can  be  absolved  by  his  own  bishop  or 
by  the  delegate  of  the  latter,  since  the  bishop  of  the  peregrinus 
remains  his  superior  in  spite  of  the  penitent  being  in  another 
diocese  transitorily,  the  latter  can  be  absolved  only  in  virtue  of 
power  granted  tacitly  by  his  own  bishop.39 

VII.  As  Vagi  have  no  fixed  domicile,  their  spiritual  superior 
is  the  Pope,  and  by  virtue  of  his  express  or  tacit  delegation  they 
may  be  absolved  by  any  approved  confessor  wherever  they  hap- 
pen to  be;  but  they  cannot  be  absolved  by  any  but  those 
approved  for  the  place  where  the  confession  is  made. 

It  will  be  asked:  Who  is  to  give  approbation  for  absolving 
travelers  on  the  sea?  This  point  has  been  settled  in  a  very 
simple  manner  by  a  recent  decree  of  the  Congregation  of  the 
Inquisition.  Any  priest,  approved  by  his  Ordinary,  may  hear 
the  confession  of  his  fellow-travelers  while  the  voyage  is  in  pro- 
cess, though  they  pass  through  or  stop  off  for  a  time  in  the  terri- 
tory of  another  bishop.4 


40 


39  Cf.  Ballerini,  Op.  Theol.  Moral.  1.  c.  cp.  II.  De   jurisdict.    Conf.  nn. 
613-627.  40  Deer.  4  Apr.,  1000. 


300  THE    MINISTER    OF    THE    SACRAMENT 

39.   Jurisdictio  Delegata  Extraordinaria,  or,  the  Supplying  of 
Deficient  Jurisdiction  by  the  Church. 

There  is  another  kind  of  jurisdiction,  viz. :  when  the  Church 
makes  good  the  deficiency  of  delegation;  here  jurisdiction  is 
conveyed  "supplente  Ecclesia." 

Let  it  be  remarked  at  the  outset  that  it  is  by  no  means  per- 
missible to  perform  any  act  for  which  jurisdiction  is  necessary 
-  therefore  to  give  absolution  -  -  when  the  absence  of  jurisdic- 
tion is  certain,  even  if  the  Church  should  supply  to  insure 
validity  of  the  act.  When  jurisdiction  is  doubtful,  it  may  be 
allowable  to  perform  the  act,  especially  if  the  Church  really  does 
supply.  Before  discussing  the  matter  itself  we  must  explain 
what  is  meant  by  the  axiom :  "The .Church  makes  good  deficient 
jurisdiction."  The  meaning  of  it  is  this:  the  Church,  or  the 
highest  judicial  authority  of  the  Church,  confers,  in  an  exceptional 
manner,  jurisdiction  for  individual  acts,  and  the  Church  does 
this  for  the  general  welfare  in  ipso  actu,  that  is,  in  the  perform- 
ance of  the  act  itself.41  There  is,  accordingly,  a  great  difference 
between  the  jurisdiction  which  a  man  actually  possesses,  and 
that  which  he  exercises  " supplente  Ecclesia."  In  the  first  case 
I  possess  the  jurisdiction  before  I  begin  the  act,  before  I  hear 
the  confession,  or  perform  any  other  act  for  which  jurisdiction 
is  required ;  indeed,  I  possess  it  in  most  cases  habitualiter.  I  pos- 
sess it  also  when  the  act  is  completed.  But  he  who  absolves  or 
performs  any  other  function  supplente  Ecclesia  receives  the 
jurisdiction  only  when  the' action  has  already  begun  —  in  this 
case  when  he  is  about  to  pronounce  absolution  —  in  order  that 
he  may  carry  to  its  end  the  confession  which  has  begun;  the 
action  once  completed,  -  -  in  this  case  the  absolution  being  pro- 
nounced, -  -  he  has  no  further  jurisdiction.  When,  therefore, 
previous  to  an  action,  a  priest  already  probabiliter  possesses 
jurisdiction,  the  Church,  if  she  supplies,  must  do  so  only  condi- 

41  Lessius,  De  justitia  et  jure,  1.  2,  cp.  29,  nn.  65  and  08. 


JUBISDICTIO    DELEGATA    EXTRAORDINABIA  301 

tionally,  upon  the  presumption  that  he  possessed  no  jurisdic- 
tion; that  is,  when  that  jurisdiction  which  he  was  believed  to 
have  was  as  a  matter  of  fact  not  existing. 

The  Church  supplies  deficiency  of  jurisdiction:  — 

1.  When  one  who  exercises  a  power  possesses  a  titulus  colora- 
tus for  this  power,  and  when,  at  the  same  time,  the  error  is  gen- 
end  amongst  the  faithful,  in  such  sort  that  the  absence  of  real 
power  is  mostly  unknown.  A  titulus  coloratus  (apparent  title) 
is  one  that  is  in  itself  false,  but  yet  really  exists;  that  is,  one 
which  has  been  conferred  by  lawful  authority  and,  therefore, 
bears  the  appearance  and  outward  form  of  a  true  title,  even 
when,  for  some  cause  or  other,  it  is  void  by  an  essential  de- 
fect.42 The  supplying  action  of  the  Church  in  this  case  is  based 
upon  the  right  itself  which  she  has  conferred  and  ratified;  this 
is  the  teaching  of  all  theologians.43  The  Church,  they  say,  sup- 
plies as  a  good  mother  in  the  interest  of  the  welfare  of  souls.44 

2.  When  there  is  no  titulus  coloratus  but  only  error  communis,^ 
many  theologians  are  of  opinion  that  the  Church  supplies  in  this 
case  also  for  the  general  welfare. 

St.  Alphonsus  adopts  this  opinion  as  probable,  because  the 
Church  supplies  for  defective  jurisdiction  more  with  a  view  to 
the  common  good  than  out  of  consideration  for  the  title.4"  It  will 
scarcely,  however,  be  possible  to  assign  to  this  opinion  a  real 
and  substantial  probability;  a  number  of  theologians  are  in- 
deed in  favor  of  it,  but  not  a  few  of  considerable  repute  are 
opposed   to   it    (Lugo,  Sanchez,  Lessius,  .and   others).     It    is, 

42  A  priest,  for  example,  who  has  obtained  a  parish  by  simony,  has,  accord- 
ing to  canon  law,  an  invalid  title.  But  if  he  was  appointed  to  the  parish  by 
a  lawful  bishop,  he  has  an  "  apparent  title." 

43  Cap.  "  infamis,"  cans.  3.  Q.  7  (c.  1). 

44  S.  Alph.  1.  c.  n.  572. 

45  In  forming  a  judgment  as  to  whether  error  communis  or  error  paucorum 
is  in  question,  we  must  not  consider  if  many  or  few  seek  administration  of 
the  Sacrament  of  Penance  from  one  possessing  no  lawful  power,  but  if 
many  or  few  have  been  aware  of  the  absence  of  power. 

46  S.  Alph.  n.  572. 


302  THE    MINISTER    OF    THE    SACRAMENT 

therefore,  canon  law  which  must  decide  the  question,  the  more 
so,  as  we  have  not  to  do  directfy  with  what  may  be  allowed  or 
not,  but  with  the  positive  conferring  of,  possibly,  non-existent 
jurisdiction.  Now  what  is  to  be  gathered  from  the  canon  law 
on  this  point  seems  plainly  opposed  to  the  more  lenient  view 
given  in  a  decision  of  the  S.  C.  Cone,  of  11  December,  1683, 
wluch  Benedict  XIV  47  cites  to  settle  the  question.  The  mat- 
ter remains,  therefore,  doubtful,  The  harm,  however,  which  can 
result  from  the  negative  opinion  is  not  very  great,  as  a  confessor 
cannot  long  exercise  his  office  without  title,  and  such  harm  is 
made  good  by  subsequent  communion  or  confession.  Several 
theologians,  moreover,  rightly  maintain  that  the  faithful  are  not 
bound  in  this  case  to  repeat  those  confessions  which  they  have, 
bona  fide,  made  to  a  priest,  who,  ex  communi  errore,  passed  for  a 
confessor. 

3.  But  when  there  is  question  not  of  error  communis  but  only 
of  error  privatus  in  a  few  persons,  the  Church  certainly  does  not 
supply  the  defective  jurisdiction,  because  here  the  bonum  com- 
mune is  not  at  stake.48 

From  this  it  follows :  — 

1.  That  it  is  not  allowed  knowingly  to  make  use  of  a  power 
arising  only  from  an  "apparent"  title,  although  the  Church 
should  positively  supply ;  but  he  who  is  not  aware  of  the  defect 
of  his  title  -  -  this  title  being  in  reality  only  an  apparent  title  — 
has  nothing  to  rectify  subsequently,  as  his  actions  were  valid 
(supplente  Ecclesia). 

2.  Still  less  is  it  allowable  for  one  who  knows  that  he  pos- 
sesses neither  power  nor  title  to  act  on  the  ground  of  general 
error;  in  the  first  place,  because  he  assumes  a  power  which  he 
does  not  possess,  and  because,  moreover,  he  exposes  to  danger 
those  who  are  most  interested  in  the  validity  of  his  actions. 

47  Tnstit.  84,  n.  22. 

48  S.  Alph.  1.  c. ;  Gury,  Ed.  Ratisb.  V.  ad  n.  548,  Q.  IT;  Aertnys,  1.  c.  n.  226. 
Q.  Ill ;   Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  II.  nn.  636-639. 


JURISDICTIO    DELEGATA    EXTBAORDINARIA  o03 

Connected  with  the  above  is  the  question:  docs  jurisdictio 
probabilis  or  dubia  suffice  for  the  valid  and  lawful  administra- 
tion of  absolution.  The  question  turns  only  on  probabilitas 
juris,  a  solidly  probable,  though  not  necessarily  certain,  interpre- 
tation of  the  law  declaring  that  jurisdiction  is  possessed.  This 
may  occur  with  regard  to  the  questions :  whether  the  jurisdic- 
tion possessed  extends  to  this  or  that  case,  to  this  or  that  person  ? 
or,  whether  the  j  urisdiction  once  possessed  has  been  revoked  ? 

But  a  jurisdiction  is  doubtful  when  the  uncertainty  of  it 
tests  upon  a  doubt  or  a  probable  fact.  Upon  this  distinction 
between  probable  and  doubtful  jurisdiction  we  must  insist. 
St.  Alphonsus  49  does  so,  and  that  chiefly  in  order  to  show  that, 
in  the  case  of  a  dubium  facti,  —  thus,  doubtful  jurisdiction,  — 
the  faculty  for  the  exercise  and  the  validity  of  the  act  (here  of 
absolution)  always  remains  doubtful,  whereas,  in  the  case  of  pro- 
babilitas  juris,  the  validity  of  the  action  after  it  has  been  per- 
formed is  morally  certain.  When  such  probable  jurisdiction 
(probabilitas  juris)  is  in  question,  it  is,  as  St.  Alphonsus  teaches, 
morally  certain  that  the  Church  confers  jurisdiction,  if  it  has 
previously  (antecedenter)  been  wanting.  The  saint  calls  this 
teaching  communissima,  and  demonstrates  it  by  the  fact  that 
the  Church,  in  the  person  of  her  chief  pastor,  tacitly  tolerates 
the  old  custom  of  absolving  with  such  jurisdiction,  and  thus 
sufficiently  expresses  her  consent. 

With  regard  to  the  jurisdictio  dubia,  however,  the  contentions 
of  many  authors  are  not  of  this  nature.50  If  many  are  of  opinion 
that  the  Church  supplies  in  this  case  also,  and  base  their  opinion 
upon  the  fact  that  the  Church  supplies  when  there  is  only  error 
communis  and  not  titulus  coloratus,  we  need  but  refer  to  what 
has  been  previously  said  upon  this  head.51 

40  Lib.  VI.  nn.  571,  573. 

60  S.  Alph.  Lib.  VI.  n.  432  ;  Lacroix,  1.  c.  L.  VI.  P.  T.  n.  110  ss. ;  Lessius, 
1.  c.  L.  II.  cp.  28,  nn.  67  et  68;   Renter,  Theol.  Mor.  P.  IV.  n.  53. 

51  Cf.  S.  Alph.  1.  c.  n.  572;  Gury-Ballerini,  1.  c.  n.  5-48,  Edit.  Ratisb.  1.  c; 
Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  II.  Du  Jurisdict.  nn.  628-0156. 


304  TUE    MINISTER    OF    THE    SACRAMENT 

According  to  this  it  is  morally  certain  that  the  Church,  in 
the  case  of  previous  juris  probabilitas,  supplies  jurisdiction. 
But  if  the  jurisdiction  is  doubtful  on  account  of  a  dubium  Jacti, 
the  Church  does  not  supply  if  the  error  exists  only  with  a  few; 
as  the  error  is  usually  general,  it  remains  doubtful  whether  the 
Church  supplies.  It  is  not  always  wrong  to  use  doubtful  juris- 
diction in  administering  the  Sacrament  of  Penance,  particularly 
when  the  reason  for  it  is  pressing,  when  absolution  is  urgently 
necessary,  and  when  it  would  be  better  to  absolve  with  doubtful 
validity  than  not  to  absolve  at  all.  But  in  this  case  it  would 
always  be  necessary  to  instruct  the  penitent  as  to  the  value  of 
the  absolution  administered. 

According  to  the  teaching  of  St.  Alphonsus,  absolution  may 
be  administered  with  a  doubtful  jurisdiction  in  the  following 
cases:  (1)  When  the  obligation  of  yearly  confession  must  be 
fulfilled  exactly  at  that  time;  (2)  when  the  penitent  must  say 
Mass  or  communicate,  and  this  cannot  be  omitted  without 
bringing  upon  himself  disgrace;  (3)  when  the  priest  must  say 
.Mass  in  fulfilment  of  his  duty.  In  these  cases  a  priest  possessing 
only  doubtful  jurisdiction  may  absolve  conditionally  when  no 
other  confessor  is  at  hand.52  But  the  saintly  Doctor  53  remarks 
that,  in  this  case,  the  confessor  would  be  bound  to  inform  the 
penitent  who  had  accused  himself  of  mortal  sin  that  he  had  been 
only  conditionally  absolved,  so  that  if  afterwards  it  should  become 
manifest  that  the  confessor  really  possessed  no  jurisdiction,  the 
penitent  might  fulfill  his  duty  of  confessing  his  sins  again. 


54 


52  Lehmkuhl  adds  the  following  case  :  when  a  priest  has,  bona  fide,  begun 
to  hear  a  confession,  and  a  doubt  has  arisen  in  his  mind  as  to  whether  the 
period  of  his  approbation  has  expired,  there  being  no  possibility  of  satis- 
fying himself  upon  the  point,  this  confession,  begun  and  considerably 
advanced,  may  be  concluded  if  great  inconvenience  would  otherwise  result 
to  confessor  and  penitent;  the  confessor  must,  however,  inform  the  peni- 
tent that  the  absolution  administered  was  of  doubtful  validity;  but  if  he 
could,  without  great  inconvenience  to  either  party,  break  off  the  confession, 
he  must  do  so.     Lehmkuhl,  1.  c.  n.  390,  nota  1. 

53  L.  c.  n.  132.  54  Cf.  Lehmkuhl.  1.  c.  nn.  390  and  391. 


JURISDICTIO    DELEGATA    EXTRAORDINARIA  305 

In  order  to  absolve  with  probable  jurisdiction,  a  legitimate 
reason  is  necessary  and  this  exists:  (1)  When  the  penitent  stands 
in  special  need  of  the  help  of  this  particular  priest;  (2)  when 
the  accomplice  of  the  penitent  is  known  to  the  confessor  who 
possesses  certain  jurisdiction,  but  unknown  to  him  who  possesses 
only  probable  jurisdiction;  (3)  if  the  penitent  were  under  an 
urgent  obligation  of  confessing,  if  a  particular  indulgence  were 
to  be  gained,  if  the  penitent  would  not  be  able  to  confess  for  a 
long  time,  and  a  priest  with  certain  jurisdiction  were  not  at 
hand."'"' 

A  special  case  in  which  the  Church  supplies  deficient  juris- 
diction is  in  articulo  mortis. 

The  necessary  jurisdiction  for  the  absolution  of  dying  persons 
is  conferred  by  the  Church  upon  any  priest,  when  no  approved 
confessor  is  at  hand,  so  that  any  priest  may  absolve  dying  per- 
sons from  all  sins.56 

65  s.  Alph.  Lib.  VI.  nn.  573,  GOO;  H.  A.  n.  91,  with  Suarez,  Gobat,  Elbel, 
Sporer,  etc. 

5,5  Cf.  Trid.  Sess.  XIV.  c.  7,  where  reserved  cases  are  spoken  of,  and  the 
following  is  decreed:  "That  no  one  may  perish,  it  has  always  been  the 
usage  of  the  Church  that  there  should  be  no  reservation  at  the  hour  of 
death,  and,  therefore,  that  all  priests  may  absolve  any  penitent  from  any 
sins  and  censures  whatever."  These  words  of  the  Council  are  variously 
interpreted,  some  believing  that  all  priests,  without  exception,  receive  juris- 
diction from  the  Church,  others  believing  that  it  is  necessary  to  affix  a  limi- 
tation :  when  no  other  approved  priest  is  at  hand  to  whom  the  dying  person 
could  easily  and  without  danger  confess ;  these  latter,  therefore,  limit  the 
words  '•  omnes  sacerdote.s"  on  account  of  the  intention  expressed  in  the  pre- 
ceding words:  "ne  quis  pereat,"  and  the  other  ones:  "  ut  nulla  sit  reseroatio" 
maintaining  that  these  words  indicate  that  there  is  question  of  priests  w  ho 
otherwise  possessed  jurisdiction,  namely,  "when  no  otherwise  approved 
priest  is  at  hand."  According  to  the  first  interpretation,  and  the  opinion 
based  upon  it,  a  sucerdos  simplex  (therefore  non  approbates)  could  valide 
ail  minister  absolution  to  a  dying  person  in  presence  of  approved  priests. 
A  great  number  of  theologians  defend  this  opinion  (Ballerini  mentions 
twenty-five  in  his  notes  to  Cury,  1.  c.  ad  n.  551,  Q.  8,  and  in  his  Opus.  Thiol. 
Mor.  1.  c.  cp.  II.  De  jurisdict.  Conf.  n.  581),  and  St.  Alphonsus  does  not 
venture  to  reject  it,  though,  in  spite  of  the  reasons  advanced  by  these 
authorities,  he  maintains  that  a  simplex  sacerdos  can  only  absolve  a  dying 


306  THE    MINISTER    OF    THE    SACRAMENT 

An  approved  priest  is  considered  not  to  be  present,  not 
only  when  he  is  bodily  but  also  morally  out  of  reach;  that 
is,  in  the  following  cases:  (1)  When  the  approved  priest  who 
is  present  does  not  wish  to  hear  the  confession  of  the  dying 
person  or  cannot  hear  it,  for  in  such  a  case  he  would  be 
practically  absent ;  (2)  when  he  is  excommunicated  or  sus- 
pended;57 (3)  if  an  approved  priest  should  arrive  when  the 
confession  to  the  unapproved  priest  has  already  begun ;  (4)  if 
an  approved  priest  were  complex  of  the  dying  person  in  peccato 
turpi;58  (5)  if  this  priest  is  so  displeasing  to  the  sick  person 
that  the  latter  would  be  in  danger  of  sacrilegious  confession; 
there  would  then  be  danger  of  the  soul  of  the  sick  person 
being  lost,  a  risk  which  it  was  the  intention' of  the  Council  of 
Trent  to  obviate.59 

What  has  been  said  above  concerning  the  administration  of 
absolution  in  articulo  mortis  stands  good  also  for  its  administra- 

person  when  no  other  approved  priest  is  at  hand,  and  he  is  supported  in 
this  opinion  by  the  authority  of  the  Roman  Ritual,  which  (De  Sacram. 
Pcenit.  sub  init.)  teaches  that:  when  danger  of  death  threatens,  and  an 
approved  priest  is  not  present,  any  priest  can  absolve  from  all  sins  and 
censures.  This  opinion  of  St.  Alphonsus  is  the  most  general,  though, 
according  to  Ballerini  and  Lehrukuhl,  probability  is  not  to  be  denied  to 
the  other  opinion,  in  view  of  the  authority  of  so  many  theologians,  and  in 
accordance  with  the  rales  of  interpretation. 

57  Such  a  priest  may  valide  absolve  a  dying  person  if  no  other  priest  lie 
present,  for  the  Tridentine  says  :  quilibet  sacerdos  may  absolve  in  articulo 
mortis.  Cf.  S.  Alph.  1.  c.  n.  560  circa  fin.;  Gury-Ballerini,  1.  c.  n.  550.  But 
it  is  not  difficult  to  see  why  deficiente  alio  sacerdote  is  added  here;  for  the 
communicatio  in  sacris  with  heretics  and  with  excommunicated  persons  who 
are  to  be  avoided  (excommunicnti  vitawdi)  is  a  grave  sin,  unless  when  excused 
by  necessity;  a  penitent,  therefore,  would  himself  commit  a  grave  sin  if  he 
should  solicit  absolution  from  a  heretical  priest,  or  one  to  be  avoided  (a 
vitandus),  unless  no  other  priest  should  be  at  hand.  To  ask  the  Sacra- 
ment of  Penance  from  such  an  unhappy  priest,  and  to  receive  it,  even  when 
it  is  allowed,  appears,  however,  to  be  in  any  case  a  dangerous  proceeding; 
evil  influence  at  the  most  important  moment  of  human  life,  and  also  scan- 
dal to  others,  are  to  be  feared. 

58  See  §  HI. 

59  S.  Alph.  1.  c.  mi.  502,  503. 


THE    CONFESSIONS    OF    RELIGIOUS  307 

tion  in  quolibet  gravi  periculo  mortis.60  For  the  two  situations 
are  generally  considered  as  identical  ;  moreover,  the  Ritual  says: 
"When  danger  of  death  threatens;"  besides  there  is  a  divine 
precept  to  confess  when  there  is  danger  of  death  also,  and  thus 
there  arises  a  case  of  necessity. 

A  grave  periculum  mortis  is  considered  to  exist:  (1)  In  a  dan- 
gerous illness;  (2)  in  times  of  plague;  (3)  at  a  difficult  birth; 
(4)  before  a  very  difficult  surgical  operation;  (5)  in  battle,  or 
shortly  before  it;  (6)  before  a  very  dangerous  sea  voyage,  etc.01 

40.   The  Administration  of  the  Sacrament  of  Penance  to 
Members  of  Religious  Orders. 

Hitherto  we  have  treated  of  the  powers  necessary  to  the 
ministers  of  the  Sacrament  of  Penance  —  secular  and  regular 
priests  — ■  in  order  that  they  may  validly  and  lawfully  hear 
the  confessions  of  lay  people  (seculares).  It  remains  now  to 
discuss  the  regulations  laid  down  by  the  Church  concerning  the 
jurisdiction  over  men  and  women  belonging  to  Religious  Orders 
emitting  vota  solemnia. 

I.  The  Superiors  of  Religious  Orders,  or  the  local  Superiors, 
although  they  possess  full  jurisdiction  over  their  subjects  in 
foro  interno,  are  bound  to  appoint  others  as  confessors,  so  that 
the  subjects  may  not  be  obliged  to  confess  to  their  own  Superiors ; 
it  is  only  in  certain  definite  cases  that  a  subject  is  bound  to  go 
to  confession  to  his  Superior.  The  inmates  of  a  religious  house 
may  indeed  confess  to  their  Superiors,  and  the  latter  must  hear 
their  confessions;  but  this  must  be  left  to  the  option  of  the 
subordinates.  One  or  more  confessors  may,  however,  be  nomi- 
nated in  the  individual  houses,  so  that  no  religious  can  validly 
confess  to  any  other  but  these;   unless  a  confessor  has  received 

60  There  is  periculum  mortis  when  the  illness  is  such  as  may,  according  to 
the  judgment  of  the  physicians,  and  experience,  result  in  death,  sive  id  abso- 
lute, idest  gem  ratim  pro  omnibus  vt  rificetur,  sive  respective  propter  circumstantias 
hujus  infirmi.     Ballerini,  1.  c.  ,;1  S.  Aleh.  1.  c.  n.  561. 


308  THE    MINISTER    OF    THE    SACRAMENT 

special  powers  for  this  purpose  from  the  Holy  See  or  from  the 
Roman  Penitentiary.62  Only  when  a  Jubilee  occurs  and  usually 
once  may  Regulars  choose  as  confessor  a  priest  out  of  those 
approved  by  the  Ordinarius,  in  order  to  gain  the  Jubilee  indul- 
gence. Several  confessors  are  generally  nominated  so  that  the 
subjects  may  have  a  choice  from  among  them.63 

II.  Confessors  for  Regulars  receive  their  jurisdiction  from 
the  Superiors  of  the  latter.  Not  only  priests  belonging  to  Reli- 
gious Orders,  but  also  secular  priests  (even  those  who  have  not 
been  approved  by  their  bishops),  may  be  empowered  by  Supe- 
riors to  act  as  confessors  to  their  subjects,  unless  this  be  for- 
bidden by  the  constitutions  of  the  Order.64 

This  faculty  belongs  to  Superiors  of  Religious  Orders  by  com- 
mon law,  since,  by  virtue  of  their  exemption  from  episcopal 
jurisdiction,  they  possess  quasi-episcopalem  jurisdictionem  over 
their  subordinates.  The  Council  of  Trent  has  altered  nothing 
in  this  matter,  as  it  speaks  only  of  the  jurisdiction  or  approba- 
tion necessary  for  the  confessions  of  lay  people;  moreover, 
Clement  VIII  has  expressly  granted  this  faculty  to  Superiors 
of  Orders.  The  confessor  of  Regulars  can  absolve  those  for 
whom  he  is  appointed  confessor,  even  outside  the  monastery, 
as  this  jurisdiction  is  not  limited  to  a  definite  place,  and  no 
further  approbation  of  the  bishop  is  necessary. 

Regulars  who  are  on  a  journey  or  staying  outside  their 
monastery  must  confess  to  a  member  of  their  Order  who 
is  near  them,  even  when  the  latter  is  not  otherwise  appointed 
for  confessions;  if,  however,  they  have  no  opportunity  of 
confessing  to  one  of  their  Order,  they  may  do  so  to  any 
other  regular  or  secular  priest.  This  priest  (according  to  the 
sententia  communissima,  which  St.  Alphonsus  considers  the 
more  probable)  need  not  even  be  approved  by  the  Episcopus 

62  Const.  Clem.  VIII,  Rom.  Pontif.  1599. 

03  Decret.  Clem.  VIII,  Sanctissimus. 

04  Cf.  Mazzotta,  1.  c.  de  Poenit.  Disp.  2,  Q.  1,  cp.  3,  §  2. 


THE    CONFESSIONS    OF    RELIGIOUS  309 

loci,05  as  it  is  presumed  that  the  Order,  or  its  Superior,  confers 
in  such  a  case  delegated  jurisdiction  upon  any  priest  whom  the 
religious  has  chosen  for  his  confessor.68 

III.  Those  who  can  be  validly  absolved  only  by  a  priest 
authorized  by  a  Superior  of  an  Order  are:  not  only  the  religious 
and  their  novices,  but  also  lay  persons,  who,  as  really  belonging 
to  the  monastic  community,  live  in  the  monastery  or  college; 
servants,  for  example,  and  others  who  regularly  live  and  take 
their  meals  in  the  monastery.07 

IV.  As  regards  the  question  whether  priests  of  an  Order,  by 
virtue  of  the  authorization  of  the  Superiors  of  their  Order,  may 

«5S.  Alph.  1.  c.  n.  575;  Aertnys,  1.  c.  n.  232,  II.  Q. ;  Lehmkuhl,  1.  c. 
n.  395,  ad  II.  2 ;  Ballerini,  Op.  Theol.  Mor.  1.  c.  n.  640. 

60  This  freedom,  as  Lehmkuhl  remarks,  exists  for  the  members  of  the 
Society  of  Jesus,  so  that  they  are  not  obliged,  when  on  a  journey,  to  seek  a 
priest  of  their  own  Order.  Certain  theologians,  however,  are  unwilling  to 
concede  this  to  all  Orders.  Benedict  XIV,  in  the  Brief  "Quod  communi," 
:50  March,  1742,  allowed  the  Capuchins  to  confess  to  others  not  of  their 
Order,  attaching  the  conditions,  however,  that  the  priest  to  whom  they 
confessed  must  be  approved;  the  same  condition  was  laid  down  for  mem- 
bers of  the  Augustinian  Order  on  June  3,  186-5  (Acta  S.  Sedis,  vol.  1, 
p.  677),  and  the  S.  Pcenitent.,  18  April,  1867,  the  S.  C.  Ep.  et  Regul.,  3  July, 
1862  and  27  Aug.,  1852  (see  Bucceroni,  Enchirid.  pp.  127  et  128),  demand  the 
same  condition  for  the  dispersed  Regulars.  From  which  it  is  to  be  con- 
cluded that  the  Sacerdotes  idonei,  of  whom  the  privileges  of  Sixt.  IV  and  In- 
noc.  VIII  speak,  must  he  approved  priests.  Cf.  Aertnys,  1.  c.  This  seems 
also  to  hold  for  the  congregations  under  vota  simplicia,  who  possess  the  privi- 
lege of  exemption  from  episcopal  jurisdiction,  as  this  regulation  is  based 
not  upon  the  solemnity  of  the  vows,  but  upon  the  said  exemption. 

67  This  follows  from  the  Bull  Clem.  X,  Superna,  21  July,  1670,  already 
mentioned,  partly  printed  in  (Jury,  Ed.  Katisb.  II.  ad  n.  559.  According  to 
the  Council  of  Trent,  all  those  lay  persons  are  free  from  episcopal  jurisdic- 
tion who  belong  to  the  household  of  (real  and  exempted)  Religious  Orders. 
But  in  order  that  the  servants  of  a  monastery  may  enjoy  this  privilege,  the 
following  conditions  must  concur :  (1)  they  must  really  serve  the  religious 
of  the  monastery;  (2)  they  must  live  within  the  inclosure  at  the  expense 
of  the  monastery;  (3)  they  must  lie  under  obedience  to  the  religious  of  (lie 
Order;  this  obedience  need  not  be  the  obedience  of  the  religious ;  it  must, 
however,  be  such  as  servants  owe  to  their  masters.  Cf.  Trid.  Sess.  XXIV. 
cp.  II.  de  ref . ;  Barbosa,  de  Parocho  cum  animadvers. ;  Giraldi,  p.  2,  cp.  20, 
n.  12;  Gury,  1.  c.  ad  562. 


310  THE    MINISTER    OF    THE    SACRAMENT 

also  hear  the  confessions  of  the  inmates  of  their  monasteries 
intrusted  to  them  for  education,  theologians  do  not  agree. 
Some,  amongst  whom  are  Gury  (n.  564),  Lehmkuhl  (n.  394), 
Marc  (n.  1763,  Q.  2),  and  Aertnys  (n.  232),  admit  it,  pointing  out 
certain  Orders  to  which  this  has  been  expressly  permitted,  and 
in  this  privilege  (these  authorities  maintain)  the  other  Orders 
participate.  St.  Alphonsus  is  also  of  this  opinion  (583), 
appealing  to  Bordone;  also  Mazzotta  (1.  c),  Lugo,  Schmalz- 
grueber,  and  others.  Lehmkuhl  calls  this  opinion  probable 
and  says:  We  may,  therefore,  act  according  to  the  principles 
discussed  above  concerning  probable  jurisdiction.  However, 
this  does  not  seem  to  be  generally  admissible.  For  no  law 
accords  to  Regular  priests  a  general  privilege  of  this  kind.  The 
extension  to  all  other  Orders  of  a  privilege  granted  to  some  is 
not  allowable  here,  for  this  privilege  derogates  from  the  rights 
of  a  third  party,  in  this  instance  the  bishop  and  the  parish 
priests;  and  it  is  clear  from  the  decisions  of  the  sacred  congre- 
gations that  unlimited  jurisdiction  over  their  students  does  not 
belong  to  Regulars.68 

On  the  other  hand,  Regulars  possess  jurisdiction  over  their 
students:  (1)  AVhen  this  jurisdiction  is  explicitly  conferred 
upon  an  Order  or  educational  establishment;  (2)  when  the 
religious  have  acquired  it  by  legitimate  custom;  (3)  when 
there  is  question  of  religious  in  the  sense  that,  according  to 
the  ordinances  of  the  Council  of  Trent,  the  students  can  be 
designated  as  belonging  to  the  household.  This  latter,  however, 
is  not  the  case  when  the  house  in  which  the  educational  estab- 
lishment is  situated  is  not  actually  the  monastic  building,  or 
when  the  members  of  the  Order  and  the  students  do  not  form 
an  association  of  the  nature  of  a  family.  Nor  can  those  pupils 
be  regarded  as  belonging  to  the  household  who  pay  for  their 
board,  and  are  yearly  received  into  the  educational  establish- 


es 


Cf.  Bouix,de  Regul.  T.  II.  p.  5,  Sect.  3,  e.  2. 


JURISDICTION    FOll    THE    CONFESSIONS    OF    NUNS      311 

ment  or  seminary.  But  as  the  matter  is  a  difficult  one  and 
difference  of  opinion  prevails  amongst  theologians,  Bouix  sug- 
gests as  a  practical  solution  the  removal  of  such  boys  or  girls 
from  parochial  control.09 

41.    Jurisdiction  and  Approbation  for  the  Confessions  of  Nuns. 

What  we  are  about  to  say  concerning  nuns  refers  to  nuns  in 
the  strict  sense  of  the  word,  namely,  to  such  as  have  taken  solemn 
vows  and  are  bound  by  the  regulations  of  the  inclosure,  but  not 
to  the  religious  congregations  which  have  no  inclosure,  nor,  in 
general  to  such  nuns  as,  with  permission  of  their  Superiors,  are 
living  outside  the  convent.70 

The  bishop  can  except  from  the  general  approbation  any 
religious  female  congregation,  and  if  he  has  done  so,  the  con- 
fessors must  act  conformably.  In  most  dioceses  the  regulations 
of  the  Church  concerning  confessors  of  nuns  —  both  ordinary 
and  extraordinary  confessors  —  are  extended  to  the  female 
congregations  also  which  take  only  simple  vows,  and  are  not 
bound  to  strict  inclosure.  This  discipline  is,  in  fact,  very  good, 
and  quite  in  conformity  with  the  intention  of  the  Holy  See.71 

69  Cf.  Bouix,  1.  c. ;  Gury,  Ed.  Ratisb.  ad  n.  564,  nota. 

70  Although,  according  to  the  rules  of  interpretation,  by  the  word 
Moniales  in  the  Papal  Bulls,  only  Moniales  in  the  strict  sense  are  to  be 
understood,  that  is,  the  members  of  a  Religious  Order  approved  by  the 
Holy  See,  who  observe  the  Papal  inclosure  ;  yet  Benedict  XIV  has  expressly 
declared,  in  his  Bull  "  Pastoralis  curae,"  that  the  ordinances  of  the  Trid. 
Sess.  XXV.  cp.  10  de  Regul.  et  Mon.  which  contain  a  part  of  the  present 
discipline,  only  apply  claustralibus  monialibus. 

71  This  is  clear  from  a  note  of  the  S.  C.  Ep.  et  Reg.  to  the  constitutions 
of  the  Sisters  of  the  Visitation  of  the  Blessed  Virgin  (23  July,  1860):  "As 
regards  the  confessors,  the  Constit.  Bened.  XIV,  Pastoralis  curse  is  to  be 
observed,  in  accordance  with  which  the  confessors  are  to  be  appointed  by 
the  respective  bishops."  In  the  constitutions  of  the  Sisters  of  Nazareth, 
who  have  no  inclosure,  the  same  congregation  decreed  on  '27  Sept.,  1861  : 
••As  regards  the  Confessor,  extraordin.,  the  ordinances  of  the  Council  of 
Trent  are  to  be  observed,  as  also  the  Constit.  Benedict  XIV,  Pastoralis 
curae."     Cf.  Miiller,  1.  c.  S.  140. 


312  THE    MINISTER    OF    THE    SACRAMENT 

The  following  regulations  are  in  force  with  regard  to  the  con- 
fessors of  nuns :  — 

I.  Not  every  priest  approved  by  a  bishop  can  hear  the  con- 
fessions of  nuns,  but  only  one  who  has  received  special  appro- 
bation and  jurisdiction  for  the  purpose  from  the  Episcopus 
loci.  Indeed,  the  priest  approved  for  one  convent  cannot  valide 
hear  the  confessions  of  the  nuns  of  another  convent,  unless  he 
be  generally  appointed  for  the  confessions  of  nuns.72 

II.  The  confessors  of  exempted  nuns  also  require  the  appro- 
bation of  the  bishop,  but  they  are  chosen  and  appointed  by  the 
Superiors  of  the  Orders  to  whom  they  (the  exempted  nuns) 
are  subject;  and  if  these  Superiors  themselves  wish  to  hear  the 
confessions  of  the  nuns  who  are  subject  to  them,  they  must 
likewise  obtain  the  approbation  of  the  bishop.  It  is  only  when 
the  nuns  obey  Superiors  with  quasi  episcopal  jurisdiction  that 
their  confessor  does  not  require  the  approbation  of  the  bishop.73 

III.  According  to  the  declaration  of  Clement  XI  the  confess- 
ors of  nuns  should  not  only  be  learned,  prudent,  and  pious,  but 
also  of  mature  years.74  The  bishop  must,  therefore,  take  care 
that  a  confessor  be  chosen  in  whom  the  nuns  may  have  con- 
fidence. 

Without  Papal  authorization  vicars-general,  canons,  and 
others  who  are  bound  to  observe  choir  in  virtue  of  a  benefice, 
also  parish  priests  (when  the  care  of  souls  would  materially 
suffer  thereby),  cannot  discharge  the  office  of  an  ordinary  con- 
fessor. This  applies  also  to  priests  of  a  Religious  Order  with 
regard  to  nuns  who  are  immediately  subject  to  the  bishop. 
The  former  may,  however,  exercise  the  office  of  extraordinary 
confessors.     The  ordinary  confessor  must  hear  the  confessions 

72  Cf.  Const.  Inscrutabili,  Gregor.  XV;  Const.  Superna,  Clem.  X  (21 
June,  1670)  ;   Const.  Pastoralis  Officii  et  Pastoralis  curae,  Bened.  XIV. 

73  Cf.  Declarat.  S.  C.  C.  ad  dub.  7  et  8,  post  Const.  Inscrutabili,  in  Bul- 
lario  posita. 

74  Scavini,  Tract.  X.  Disp.  I.  cp.  4,  art.  2,  n.  123.  Ferraris  ad  v.  Moni- 
ales,  art.  ;j,  n.  49. 


JURISDICTION    FOR     TllE    CONFESSIONS    OF    NUNS      313 

of  nuns  as  often  as  it  is  reasonably  demanded  of  him.  More- 
over, he  must  not  conduct  himself  as  a  Superior  of  the  convent, 
since,  according  to  the  decree  of  the  S.  C.  Ep.  et  Reg.  7  Sept., 
1797,  such  authority  does  not  belong  to  him.75 

The  confessor  appointed  for  nuns  shall  not  discharge  his 
office  longer  than  three  years,  and  cannot,  at  the  expiration  of 
this  period,  hear  confessions  in  the  same  convent  without  per- 
mission of  the  S.  C.  Ep.  et  Reg.7fi  Several  authorities,  however 
(St.  Alphonsus,  Bouvier,  Gury,  Scavini),  remark  that  the  bishop 
may  allow  the  confessor  to  exercise  his  office  longer  than  three 
years  when  other  suitable  priests  are  wanting. 

At  .the  time  of  a  Jubilee,  nuns,  like  Regulars,  may,  in  order 
to  gain  the  Jubilee  indulgence,  once  choose  for  themselves  any 
confessor  from  amongst  priests  approved  by  the  Episcopus  loci 
for  hearing  the  confessions  of  nuns  either  in  general  or  for  a 
particular  convent.77 

IV.  The  bishops,  or  Superiors  of  Orders,  who  are  authorized 
to  appoint  and  choose  the  ordinary  confessor,  are  bound  to 
appoint  an  extraordinary  confessor  for  the  nuns  subject  to  them 
two  or  three  times  a  year. 

Although  the  nuns  are  not  bound  to  confess  to  this  extraor- 
dinary confessor,  they  must,  nevertheless,  all  repair  to  him,  be 
it  either  to  make  a  sacramental  confession  or  to  receive  from 
him  wholesome  exhortation.78 

The  following  is  to  be  observed  regarding  the  Confessarius 
extraordinarius  :  — 

1.  Although  the  Tridentine  Session  here  speaks  of  inclosed 
nuns  only  (moniales  claustrales) ,  Benedict  XIV  wishes  the 
appointment  of  the1  extraordinary  confessor  to  be  extended  to 


75  Gury,  Ed.  Ratisbon.  T.  II.  1.  c.  ad  n.  565. 

76  Cf.  Decret.  S.  C.  Ep.  et  Reg.,  20  Sept.,  1642. 

77  Const.  Bened.  XIV,  Benedictus  Deus,  25  Dec,  1750. 

78  Cf.  Trident,  Sess.  XXV.  cp.  1(1  de  Regul.  et  Mon.  and  Const.  Bened. 
XIV,  Pastoralis  curse,  5  Aug.,  1748. 


314  THE    MINISTER    OF    THE    SACRAMENT 

all  communities  of  nuns  who  have  only  an  ordinary  confessor 
appointed  by  the  Superiors. 

2.  The  choice  of  the  extraordinary  confessor  belongs  to  the 
Ordinarius  loci  for  those  convents  which  are  under  him,  and  to 
the  Superior  of  the  Order  for  those  for  which  the  latter  appoints 
the  ordinary  confessor;  every  extraordinary  confessor  must 
have  special  approbation  as  such  from  the  bishop.  The  Supe- 
riors of  Regulars,  however,  cannot  always  appoint  a. priest  of 
their  own  Order,  but  must  at  least,  once  a  year,  choose  a  secular 
priest  or  one  of  another  Order.  If  the  Superior  of  the  Order 
neglects  to  choose  an  extraordinary  confessor,  the  bishop  must 
do  so;  should  the  bishop  neglect  this  duty,  the  Cardinal  Grand 
Penitentiary  must  act. 

3.  During  the  time  when  the  extraordinary  confessor  is  exer- 
cising his  office  in  a  community,  the  ordinary  confessor  may  not 
remain  in  the  community  to  hear  confessions. 

4.  The  extraordinary  confessor  may  not  be  refused  to  indi- 
vidual nuns  in  case  of  serious  illness  or  invincible  reluctance 
towards  the  ordinar}*-  confessor.  The  case  of  a  nun  in  danger 
of  death  being  refused  an  extraordinary  confessor  is  provided 
for  in  the  decree  of  the  Trident ine  Session,  XIV.  cp.  7 :  in  articulo 
mortis  omnes  sacerdotes  quoslibet  pamitentes  .  .  .  absolvere  posse. 
But  should  a  nun  wish  to  confess  occasionally  to  a  particular 
confessor,  not  out  of  fickleness,  or  imprudent  preference,  but 
truly  on  account  of  her  spiritual  advancement,  it  is  advisable 
that  the  Superiors  should  not  oppose  such  wish.79 

79  All  these  precepts  are  contained  in  the  Trid.  Sess.  XXV.  cp.  10  de 
Regul.  et  Mon.  and  the  Constit.  Benedict  XIV,  Pastoralis  curse.  Pope  Leo 
XIII,  quoted  above,  has  renewed  the  same  quoad  confessarios  ordinarios  et 
extraordinarios  by  a  Decretum  S.  Congi-egat.  Ep.  et  Regul.  de  conscientia: 
ratione  Confessariis  extraordinariis,  etc.,  d.  17  Dec,  1890,  and  exhorts  Prce- 
sules  and  Superiores,  "  ne  extraordinarium  denegent  subditis  Confessarimn 
</in/fi<\<  ut  propria  conscientia  consulant  ad  id  subditi  adigantur,  quin  iidem 
Superiores  ullo  modo  peti/ionis  rationem  inquirant  aut  cegre  id  ferre  demonstrent. 
Ac  ne  evanida  turn  provida  dispositio  fiat,  Ordinarios  exhortatur  (sc.  Sanctitas 
sua),  ut  in  locis  proprice  Dioeceseos  Sacerdotes  facultatibus  instructos  designent, 


JURISDICTION    FOR    THE    CONFESSIONS    OF    NUNS      -115 

Extraordinary  confessors,  nominated  by  the  bishop  for  a 
single  occasion,  can  only  discharge  this  office  oner.  They  must 
be  approved  by  the  bishop  as  often  as  they  have  to  discharge 

the  office  of  extraordinary  confessor,80  unless  they  have  a  general 
approbation  for  the  confession  of  nuns. 

ml  iiuos  pro  Sacramento  Pcenitentice  recurrere  eae  facile  queant."  This  decree 
was  occasioned  by  precepts  in  the  constitutions  "plurium  Congregationum, 
Societatum  aut  Instilutionum  sire  mulierum,  qua',  vota  simplicia  aut  solemnia 
nuncupant,  sive  virorum  profeasione  ac  regimine  penilus  laicorum." 

80  Cf.   Declar.  S.  C.  C.  ad  dub.  I.  poss.  Const.    Inserutahili    et    Constit. 
Clem.  X,  Superna. 


CHAPTER  II 

LIMITATION   OF   JURISDICTION    OR   RESERVED   CASES 

42.   Reserved  Cases  in  General. 

The  Church  has  received  from  Christ  the  power  to  remit  or 
to  retain  all  sins  without  exception.  No  sin  is  withheld  from 
the  cognizance  of  its  judicial  authority  or  the  power  of  ite  keys. 
This  unlimited  power  of  chief  justice  and  plenipotentiary  re- 
si)  les  in  the  hands  of  the  Supreme  Head  of  the  Church ;  it  is  in 
the  possession  of  the  Vicegerent  of  Him  who  has  said  of  Him- 
self: "To  Me  is  given  all  power  in  heaven  and  on  earth."  In 
the  exercise  of  the  judicial  power  in  foro  interno,  the  pastors 
of  the  Church  are  dependent  upon  and  subject  to  him.  This 
relation  between  the  Pope  and  the  pastors  of  the  Church  is  ex- 
pressed in  the  reservations;81  that  is,  by  the  ecclesiastical  disci- 
pline in  virtue  of  which  the  Pope  reserves  certain  sins  in  order  to 
absolve  from  them  himself,  and  places  a  limit  upon  the  juris- 
diction of  the  bishops  by  withholding  from  them  the  power  to 
absolve  from  certain  sins.  And  as  the  Pope  proceeds  with 
regard  to  the  bishops,  so  can  the  bishop,  and  the  Superiors  of 
Orders,  and  those  possessing  quasi-episcopal  jurisdiction,  pro- 
ceed with  regard  to  their  respective  subordinates. 

This  competence  to  declare  certain  sins  reserved,  which  ex- 
isted in  the  earliest  times  of  the  Church  as  is  proved  by  number- 

81  "  Reservatio  est :  ablatio  sen  nonconcessio  jurisdictionis  ad  absolvendum 
ab  aliquo  peccato,  quamvis  circa  alia  concedatur."  Ballerini,  Opus  Theol 
Mor.  1.  c.  cp.  IT.  n.  657. 

310 


RESERVED    CASES    IN    GENERAL  317 

less  memorials,  is  promulgated  by  the  Council  of  Trent,82  which 
also  emphasizes  the  reason  of  this  practice:  "It  has  seemed  con- 
ducive to  the  morality  of  the  Christian  people  that  certain 
particularly  horrible  and  grave  sins  should  not  be  absolved  by 
every  priest,  but  only  by  those  of  the  highest  authority.  It  is, 
therefore,  reasonable  that  the  Popes,  by  virtue  of  the  power 
invested  in  them  over  the  whole  Church,  should  reserve  certain 
grave  sins  for  their  own  tribunal."  Having  then  assigned  this 
power  to  the  bishops  also,  the  Council  declares  that  this  reser- 
vation of  sins  has  validity  not  only  in  the  outward  administra- 
tion of  the  Church,  but  also  before  God. 
From  this  it  follows  that  :  — 

I.  The  motives  for  the  reservations,  apart  from  the  mainte- 
nance of  authority,  are :  (a)  the  necessity  of  deterring  the  faith- 
ful from  the  commission  of  these  great  sins  by  thus  making  it 
more  difficult  to  obtain  absolution;  (b)  the  necessity  of  applying 
a  special  remedy,  so  that  those  who  have  been  guilty  of  such 
crimes  may  be  the  more  efficaciously  preserved  from  relapse. 
In  order  that  the  former  object  may  be  the  more  perfectly  at- 
tained, it  is  necessary  in  an  appropriate  manner  to  make  known 
to  the  people  what  sins  are  reserved. 

II.  We  distinguish  :  (1)  Reservation  by  the  Pope,  by  a  bishop, 
and  by  the  Superior  of  an  Order;  (2)  reserved  sins,  when  the 
sin  itself  is  directly  reserved,  and  reserved  censures,  when  the 
censure  attached  to  a  sin  is  reserved,  and  the  sin  itself  is  reserved 
only  in  consequence  of  the  censure.  If  the  reserved  censure  is 
only  the  means  by  which  the  sin  is  reserved,  upon  removal  of 
the  censure  the  sin  is  no  longer  reserved.  In  the  papal  reserved 
cases  the  censure  only  is  directly  reserved  ;  in  episcopal  and  other 
reserved  cases  generally  the  sin  only  is  reserved,  not  the  censure. 
Two  Papal  cases,  in  which  the  sin  without  the  censure  is  re- 
served, form  exceptions  to  this  rule,  namely :  (a)  Falsely  accusing 

82  Sess.  XIV.  cp.  7,  can.  IT.  Cf.  Perrone,  De  Poen.  cp.  5  ;  Zenner,  Instruct. 
pract.  P.  I.  cp.  II.  §  41;  Palmieri,  Tract.  De  Pcen.  Tlies.  XVII.  p.  178  ss. 


318  THE    MINISTER    OF    THE    SACRAMENT 

an  innocent  confessor  of  solicitation,  either  by  denouncing  the 
confessor  to  the  ecclesiastical  judge  one's  self,  or  by  effecting 
such  denunciation  through  another  person ; 83  (b)  the  receiving  of 
considerable  presents  exceeding  the  value  of  ten  francs  on  the 
part  of  members  of  Religious  Orders  (emitting  solemn  vows)  of 
both  sexes,  till  restitution  has  taken  place  (munera  prorsus  libe- 
ralia  are  meant ;  hence  presents  of  medicaments  and  devotional 
objects,  as  also  those  presents  which  were  given  out  of  gratitude 
and  benevolence  or  for  the  purpose  of  securing  the  good-will  of  a 
person,  are  excepted).84  If  the  presents  amount  to  a  higher  sum, 
and  if  the  penitent  can  make  restitution,  he  is  not  to  be  ab- 
solved till  he  has  done  so.  If,  however,  he  cannot  make  restitu- 
tion at  the  time,  but  promises  faithfully  to  do  so  as  soon  as 
possible,  the  confessor  can  absolve  him. 

III.  The  power  to  reserve  is  possessed  by  the  Pope  in  the  whole 
Church;  by  the  bishops  in  their  dioceses;  by  the  heads  of  Orders 
who  possess  quasi-episcopal  jurisdiction  in  their  Orders — the 
General  of  the  Order  for  the  whole  Order,  the  Provincial  in  his 
province,  the  local  head  in  his  house  —  but  apart  from  specified 
sins  mentioned  by  Clement  VIII,  these  religious  Superiors  may 
not  reserve  any  others  without  consent  of  the  general  chapter.85 

83  Const.  Bened.  XIV,  Sacramentum  Poenitentiae,  1  June,  1741. 

84  Const.  Clem.  VIII,  Religiosre  Congregationes,  10  June,  1594,  et  Urban 
VIII,  Nuper  a  Congregat.  16  Oct.,  1641).  Cf.  S.  Alph.  1.  c.  nn.  580,693; 
H.  A.  Tr.  13,  nn.  8,  9;  Ferrar,  ad  v.  Regular,  art.  I.  nn.  67-69. 

85  S.  Alph.  1.  c.  n.  583 ;  H.  A.  n.  130.  These  specified  cases  are  the  follow- 
ing: 1.  Apostasy  from  the  Order,  even  when  the  habit  of  the  Order  is  still 
retained.  2.  Secretly  absenting  one's  self  from  the  monastery  at  night. 
3.  Three  forms  of  superstition  :  Veneficia,  incantationes,  sortilegia.  4.  Pos- 
session of  property  against  the  vowr  of  poverty,  which  constitutes  a  mortal 
sin.  5.  Theft  (to  the  extent  of  mortal  sin)  of  goods  belonging  to  the 
monastery.  6.  Lapsus  carnis  voluntarius  opere  consummatus.  7.  Perjury 
before  a  lawful  judge.  8.  Procuratio,  consilium  vel  auxilium  ad  abortum  foetus 
animati.  9.  Killing  or  wounding  or  severely  beating  any  one.  10.  Forging 
the  handwriting  or  the  seal  of  the  officials  of  the  monastery.  11.  Mali- 
ciously obstructing,  delaying,  or  opening  written  communications  from 
Superiors  to  subordinates,  or  subordinates  to  Superiors.     The  confessors  of 


RESERVED    CASKS    IN    GENERAL  319 

IV.  There  must  be  valid  ground  for  making  the  reservation, 
otherwise  its  effect  would  tend  to  ruin  rather  than  to  edification. 
Hence  the  undue  multiplication  of  reserved  cases  is  not  allowed; 
for  many  people,  on  account  of  the  difficulty  of  getting  abso- 
lution, are  likely  to  remain  for  a  long  time  in  a  state  of  mortal 
sin,  and  are  deterred  from  receiving  the  Sacraments.  Clement 
VIII,  therefore,  exhorted  the  bishops  to  reserve  only  a  few  sins, 
and  only  those  of  which  the  reservation  would  be  conducive  to 
the  maintenance  of  Christian  morality  amongst  the  faithful.86 

Regulars  must  know  these  cases,  so  that,  should  one  of  them  occur,  they 
may  send  the  penitent  to  the  Superior  or  to  a  confessor  possessing  the  neces- 
sary faculties  for  absolution ;  or  that  they  may,  according  to  circumstances, 
procure  for  themselves  the  necessary  faculties  for  this  case.  But  if  a  Reg- 
ular priest  confesses  to  a  secular  priest  or  to  a  priest  of  another  Order  (for 
example,  on  a  journey  —  see  above),  it  is  disputed  whether  this  confessor 
possesses  the  power  to  absolve  from  the  reserved  cases  of  the  monastery.  For 
Capuchins  sojourning  out  of  their  monastery  the  power  has  been  given  by 
Benedict  XIV  (30  March,  1742)  and  confirmed  by  Pius  IX  (1852),  with  the 
understanding,  however,  that  the  penitent  appears  before  his  Superior  or  the 
confessor  appointed  by  him  as  soon  as  possible  and  receives  absolution  anew. 
S.  Alph.  Lib.  VI.  nn.  575-583. 

86  S.  Alph.  n.  579  ;  Bened.  XIV,  De  Synodo,  Lib.  V.  cp.  5.  The  Pope  says  : 
"Although  in  this  matter  no  absolute  and  universal  standard  can  be  estab- 
lished, the  general  exhortations  and  decrees  which  the  Sacred  Congregations 
at  Rome  have  issued  upon  the  subject  may  serve  as  a  guide :  — 

"  On  January  9,  1601,  the  Sacred  Congregation  of  Bishops  and  Regulars 
issued  the  following  exhortation  to  the  bishops :  In  order  that  the  bishops 
who  are  empowered  to  reserve  may  not  unduly  burden  their  subjects  and 
confessors  with  reserved  cases,  they  are  all  exhorted  to  reserve  only  a  few 
cases,  and  those  only  which  they  believe  themselves  bound  to  reserve  in  the 
interests  of  Christian  morality,  and  for  the  welfare  of  the  sovds  committed 
to  them,  according  to  the  condition  and  character  of  each  diocese.  This 
exhortation  was  repeated  on  Nov.  26.  On  the  same  day,  the  same  Congre- 
gation issued  a  circular  letter  to  the  bishops,  in  which  the  following  exhor- 
tations are  addressed  to  them  :  The  bishops  should  take  care  that  they  do 
not  indiscriminately  reserve  those  cases  to  which  the  greater  excommunica- 
tion is  by  law  attached,  absolution  for  which  is  reserved  to  no  one,  except 
when  the  special  reservation  of  such  cases  appears  necessary  on  account  of 
frequent  scandal,  or  some  other  urgent  ground;  nor  those  cases  in  which 
absolution  is  granted  only  when  restitution  lias  been  made,  or  that  performed 
which  the  penitents  are  bound  to  perform;  nor  should  they  reserve  those 


320  THE   MINISTER    OF    THE    SACRAMENT 

V.  As  reservation  is  a  limitation  of  jurisdiction,  it  concerns 
the  confessor  directly,  and  the  penitent  indirectly. 

From  this  it  follows  that :  — 

1.  In  the  matter  of  reservation,  strangers  are  not  to  be  treated 
according  to  the  reservation  of  the  place  where  they  confess,  but 
according  to  that  in  force  at  their  place  of  residence,  exactly 
in  accordance  with  the  principles  concerning  the  jurisdiction  of 
the  confessors  of  strangers  which  we  have  stated  above.  It  is, 
therefore,  more  correct  to  say  that  they  are  absolved  by  virtue  of 
the  jurisdiction  which  the  bishop  of  the  penitent  gives,  and  it 
is  reasonable  to  assume  that  the  latter  does  not  wish  to  limit  the 
jurisdiction  of  confessors  outside  his  diocese  to  whom  members 
of  his  own  diocese  confess,  unless  he  has  reserved  a  sin  in  his 
own  diocese.  If,  therefore,  the  stranger  confesses  a  sin  which  is 
reserved  in  the  diocese  in  which  he  confesses, — a  diocese  which  is 
not  his  own,  —  the  confessor  can  absolve  him,  quia  absolvit  vi  ju- 
risdictions delegate  ab  Episcopo,  qui  peccatum  illud  non  reservat.*7 

cases  which,  although  great  sins,  are  yet  matters  of  lesser  importance,  and 
of  frequent  occurrence  amongst  uneducated  people  ;  such  as  cases  of  damni- 
jicatio  injusta,  etc.  In  reserving  sins  of  the  flesh  they  must  proceed  with 
great  circumspection  on  account  of  the  danger  of  scandal,  especially  when 
suspicion  might  fall  upon  persons  either  from  their  going  to  extraordinary 
confessors,  or  frequently  recurring  to  the  bishop.  Finally  the  bishops  are 
admonished  to  adopt  and  adhere  to  that  course  of  action,  which,  after  mature 
consideration  of  the  customs,  natural  disposition  and  tendency  of  the  neigh- 
borhood and  people  appears  to  them  to  be  the  best  before  the  Lord.  The 
decides  of  the  Sacred  Congregation  of  the  Council  are  couched  in  a  similar 
strain.  This  Council  ordered  a  bishop  who  had  accumulated  too  many 
reserved  cases  to  choose  ten  or  at  most  twelve  of  the  more  considerable 
offenses,  as  he  thought  proper,  and  to  strike  out  the  rest." 

87  Renter,  Theol.  Mor.  De  Poenitent.  n.  371.  Cf.  Stotz,  Trib.  Pcenit.  Lib. 
II.  Q.  2,  §  5,  n.  64.  Schmalzgrueber,  1.  c.  Lib.  I.  Tit.  29,  n.  31,  and 
many  others.  This  is.  in  fact,  the  doctrine  which  is  generally  received  as 
valid  amongst  the  older  moralists.  Many  of  the  later  ones,  it  is  true,  teach 
that  a  stranger  cannot  be  absolved  from  a  sin  which  is  reserved  in  the  dio- 
cese in  which  he  confesses,  falsely  assuming  that  the  priest  who  hears  the 
confession  of  a  penitent  coming  from  a  strange  diocese  is  restrained  by  his 
own  bishop  from  absolving.  See  Ballerini,  Notse  ad  Gury,  II.  n.  573,  and 
Opus  Theol.  Mor.  1.  c.  cp.  II.  De  Reservat.  Casuum,  n.  709  ss. 


RESERVED    CASES    IN    GENERAL  321 

In  practice  the  rule  can  be  laid  down  that  it  is  always  allowed 
(o  absolve^  a  stranger  from  reserved  sins,  except  when:  (1)  the 
sin  is  reserved  in  both  the  dioceses,  that  of  the  confessor  and 
that  of  the  stranger,  or  (2)  when  the  stranger  leaves  his  diocese 
in  order  to  confess  "in  fraudem  legis"  that  is,  to  evade  the  judg- 
ment of  his  Superior,88  which  may  be  assumed  to  be  the  case  when 
the  sin  is  of  such  a  nature  that  it  may  easily  be  brought  before 
the  forum  externum,  or  may  already,  in  some  form,  be  before  it, 
so  that  absolution  could  not  be  administered  even  in  foro  interno 
without  the  permission  of  the  bishop.89 

2.  Although  Regulars  do  not  necessarily  receive  delegated 
jurisdiction  from  the  bishop  but  from  the  Pope,  they  cannot 
absolve  penitents  from  sins  reserved  in  the  respective  dioceses, 
without  having  received  special  faculties  from  the  bishop;  the 
Popes  have  distinctly  so  decreed.90  The  episcopal  reservation 
is  binding  also  for  non-exempted  nuns;  whether  it  is  so  for  the 
exempted,  is  a  matter  of  controversy.  St.  Alphonsus  91  declares 
both  opinions,  affirmative  and  negative,  probable.  But  should 
a  bishop  refuse  to  the  confessor  of  nuns  jurisdiction  over  reserved 
cases,  the  absolution  of  the  latter  for  such  sins  would  undoubt- 

88  If  the  strange  penitent  confesses  a  sin  which  is  reserved  in  his  own  dio- 
cese bnt  not  in  that  in  which  he  confesses,  he  can  undoubtedly  be  absolved 
by  a  priest  of  a  Religious  Order,  in  virtue  of  the  privilege  granted  by  the 
Pope  to  Regulars,  Const.  "  Superna,"  Clem.  X.  As  regards  secular  priests, 
the  older  theologians  maintain  that  they  could  not  absolve  the  stranger  in 
this  case  (they  appeal  to  the  Caput  Si  Episcop.  2  de  Pcenit.  in  6°),  while  the 
later  theologians  unreservedly  allow  secular  priests  to  participate  in  the  priv- 
ileges of  the  priests  of  Religious  Orders;  for  there  exists,  they  say,  a  general 
custom  that  strangers,  in  this  case  also,  are  absolved  by  secular  priests,  and 
as  the  bishops  approve  of  this  proceeding,  the  strangers  would  be  valide  et 
licite  absolved.  Cf.  Gury-Ballerini,  1.  c.  n.  573,  notse  ;  Lehmkuhl,  1.  c.  n.  403 ; 
Aertnys,  1.  c.  n.  239,  in  both  cases  decides  otherwise  Princ.  Ill;  and  Marc, 
1.  c.  n.  1771,  Quaesit.  ITT. 

89  Cf.  Mazzotta,  1.  c.  Disp.  2,  Q.  3,  cp.  3,  Seel.  2  in  fine;  Lehmkuhl,  1.  c. 
n.404;  Ballei-ini  adds,  "  si  Episropns  expresse  inoitus  sit."  Notse  ad  (Jury.  II. 
u.  :>73,  Q.  5,  nota  II  in  fine.     Cf.  S.  Alph.  n.  589. 

90  Lehmkuhl,  1.  c.  n.  403.     Aertnys  teaches  otherwise,  1.  c.  n.  239. 

91  L.  c.  n.  602. 


322  THE    MINISTER    OF    THE    SACRAMENT 

edly  be  invalid ;  for  the  bishop  gives  jurisdiction  for  the  exempted 
nuns  also,  as  is  plain  from  the  words  of  Gregory  XV.92 

Whether  the  familiares  of  Regulars  may  be  absolved  without 
faculties  from  the  bishop  depends  in  general  upon  the  fact 
whether  they  are  absolved  by  virtue  of  episcopal  or  of  Regular 
jurisdiction.  When  they  are  absolved  by  confessors  appointed 
by  the  Superior  of  the  Order,  they  are  not  subject  to  episcopal 
reservation ;  but  if  they  are  absolved  by  other  confessors  (secu- 
lar priests),  it  seems  that  they  are  subject  to  episcopal  reserva- 
tion. If,  however,  it  is  a  question  of  sins  to  which  the  bishop 
has  attached  censure,  they  do  not,  as  a  rule,  incur  this  censure, 
since  they  must  be  treated  as  strangers.93 

VI.  In  order  that  the  objects  of  the  reservation  may  be  at- 
tained, and  this  is  only  possible  by  a  moderate  use  of  the  power 
of  reservation,  grave  sins  only  are  as  a  rule  reserved.  Such  is 
the  decision  of  the  Council  of  Trent.94  The  following  conditions 
are  necessary  for  the  valid  reservation  of  a  sin:95  (1)  It  must 
be  (and  that  ex  natura  rei,  in  order  that  it  be  reserved  j)leno  sensu) 
a  mortal  sin,  both  as  regards  the  internal  and  the  external  act; 
(2)  it  must  have  been  carried  out  completely,  not  merely  at- 
tempted, wished,  begun;  and  (3)  it  must  be  reserved  in  definite 
terms.  These  conditions  are  by  common  custom  deemed  nec- 
essary. A  Superior  who  reserves  is,  therefore,  supposed  to  be 
guided  by  them  unless  he  has  expressly  declared  himself  to  the 
contrary.  But  Superiors  generally  attach  particular  conditions 
and  exceptions  to  their  reservations,  which  must  be  gathered 
from  their  instructions. 

The  following  remarks  may  serve  for  more  explicit  explana- 
tion: (1)  As  venial  sins  are  not  materia  necessaria  of  absolution, 

92  Gury,  Ed.  Ratisb.  ad  n.  570. 

93  S.  Alph.  Lib.  VI.  n.  583;  Lehmkuhl,  1.  c.  n.  403;  Aertnys,  1.  c.  III.  2, 
n.  239. 

94  Sess.  XIV.  cp.  7.     Cf.  Deer.  S.  C.  Cone.  26  Nov.,  1002. 

95  Cf.  Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  II.  De  Reservatione  Casuum, 
ii.  661  ss. 


RESERVED    CASES    IN    GENERAL  323 

they  cannot  be  reserved  in  the  strict  and  full  sense.  Even  if 
it  be  per  se  possible  that  the  Superior  can  withdraw  from  a  priest 
the  power  to  absolve  sacramentally  with  regard  to  a  venial  sin, 
ho  cannot  oblige  the  penitent  to  procure  sacramental  absolution 
from  this  venial  sin.  This  applies  also  (2)  to  really  and  posi- 
tively doubtful  sins.  Indeed,  as  St.  Alphonsus  teaches/10  a  sin 
which  is  in  any  respect  doubtful  is,  according  to  ecclesiastical 
custom  and  the  concurrent  teaching  of  the  authorities,  regarded 
as  not  reserved.  For,  even  if  any  sin  which  is  materia  neces- 
saria  of  confession  might  from  the  very  nature  of  the  case  be 
reserved,  yet  this  is  not  so  in  practice,  and  as  reservation  is  a 
lex  odiosa,  it  must  be  interpreted  stride.  A  sin  is,  therefore, 
regarded  as  not  reserved:  (a)  when  there  is  doubt  as  to  its  sub- 
jective gravity,  and  (6)  when  there  is  doubt  as  to  its  objective 
gravity  (unless  the  Superior,  for  particular  motives,  has  declared 
as  gravis  a  materia  which,  ex  se,  is  not  positively  gravis,  in  which 
case  it  would  be  necessary  to  stand  by  his  decision) ;  moreover 
(c),  there  is  no  reservation  when  doubt  exists  as  to  whether  a 
positively  reserved  sin  has  been  committed,  or  whether  it  has 
been  committed  with  the  necessary  conditions,  nor  is  there  res- 
ervation when  doubt  exists  as  to  whether  a  sin  really  committed 
is  a  reserved  sin.  But  in  this  case  (in  dubio  juris)  the  sin  would 
be  reserved  if  the  confessor  merely  privato  err  ore  doubted  the 
reservation,  or  if  he  did  not  know  the  sin  was  actually  reserved. 
But  in  some  dioceses  the  bishops  have  declared  that  the  con- 
fession in  such  a  case  is  valid,  and  that  they  do  not  regard  a, 
sin  as  reserved  if  the  confessor  privato  errore  or  ex  ignorantia 
does  not  believe  a  sin  to  be  reserved. i,? 

If,  therefore,  the  confessor  supposes  a  sin  to  be  reserved,  he 
must  carefully  examine  if  the  sin  be  interne  grave,  if  it  has  been 
committed  with  full  advertence,  and  with  full  consent  of  the  will 
in  materia  gravi,  and  if  it  is  also  grave  quoad  actum  extern  urn  ;  for 

96  L.  c.  n.  COO. 

1,7  S.  Alph.  1.  c.  n.  600;  Lehmkuhl,  1.  c.  u.  405;  Aertuys,  1.  c.  n.  242. 


324  THE    MINISTER    OF    THE    SACRAMENT 

if  the  external  act  wore  not  of  a  grave,  nature,  it  would  not  be 
reserved  although  it  might  be  inwardly  a  great  sin.  For  in- 
stance, should  a  person  in  a  heretical  frame  of  mind  have  said 
something  which  neither  contained  heresy  in  se,  nor,  on  account 
of  the  circumstances,  showed  an  heretical  tendency,  his  sin 
would  not  be  reserved.98  The  Church  is,  in  fact,  accustomed  to 
reserve  only  peccata  externa,  although  it  cannot  be  doubted  that 
she  can  also  reserve  peccata  mere  interna,  as  this  class  of  grave 
sins  is,  by  divine  law,  subject  to  the  absolving  power  of  the 
Church  in  foro  internal 

3.  That  a  sin  should  be  reserved  it  must  be  completum,  com- 
pleted; that  is,  completed  in  the  maimer  implied  by  the  reserva- 
tion. When,  therefore,  in  the  words  of  the  (reserving)  law,  an 
external,  completed  action  is  specified,  —  murder,  for  instance,  - 
and  the  outward  completion  is  wanting  (in  this  case,  the  death 
of  the  victim),  there  is  no  reservation.  If,  on  the  other  hand, 
attempting  crime,  or  advising  it,  are  per  se  reserved,  it  suffices 
to  have  done  these  acts  to  make  the  sin  reserved,  though  the 
project  has  not  been  executed  or  the  sinful  advice  failed  to  pro- 
duce any  effect.  Frequently  such  incomplete  actions  are,  how- 
ever, reserved  as  accessory  only  to  the  principal  action.  If 
this  latter  has  been  certainly  completed,  then  these  accessory 
actions  are  reserved. 

VII.  The  question:  "Must  the  penitent  be  aware  that  his 
sin  is  a  reserved  one  in  order  that  it  should  be  reserved?"  is  a 
subject  of  animated  controversy  among  the  theologians.100  It 
is  beyond  all  doubt  that  bishops  can  so  reserve  the  sins  of  their 
subjects  that  the  reservation  holds  even  when  the  penitent 
knows  nothing  about  it.  Whether  they  do  reserve  in  this  man- 
ner without  a  formal  declaration  to  that  effect,  is  a  debatable 

98  S.  Alph.  Lib.  VI.  n.  582,  with  Suarez,  Lugo,  Tamburini,  and  others. 

99  Cf.  S.  Alph.  Lib.  VI.  n.  582. 

100  Cf.  Gury-Ballerini,  Notas  ad  n.  571,  Q.  1,  Opus  Theol.  Mor.  1.  c.  cp  II. 
nn.  724-735. 


RESERVED    CASES    IN    GENERAL  325 

question.  St.  Alphonsus  and  not  a  few  other  theologians 
teach  that  a  sin  is  reserved  even  when  the  penitent  did  not  know 
of  the  reservation,  assigning  as  sole,  or  at  least  chief,  reason 
that  the  reservation  restricts  the  power  of  the  confessor.101 
The  fear  that  Christian  and  religious  discipline  might  thereby 
be  relaxed  is  alleged  as  a  second  reason.102  On  the  other  hand, 
a  very  great  number  of  theologians  lo:i  teach  that  a  sin  is  not  to 
be  regarded  as  reserved  if  the  penitent  did  not  know  that  it 
was  so,  when  the  reservation  is  panalis,  that  is,  when  it  is  of  a 
punitive  character;  but  that  it  is  to  be  regarded  as  reserved 
when  the  reservation  is  medicinalis,  imposed  as  a  deterrent; 
that  is,  when  it  is  not  a  poena  medicinalis,  which,  like  the 
censure,  is  intended  to  break  the  stubbornness  of  the  sinner 
and  deter  him  from  sin,  but  a  lex  disciplinaris,  by  which  the 
Superior  himself,  or  through  a  specially  delegated  confessor, 
wishes  to  provide  a  remedy  for  sin  committed.  When,  there- 
fore, Lugo  denies  that  reservation  is  chiefly  of  a  punitive  char- 
acter, and,  therefore,  holds  good  even  if  the  sinner  did  not  know 
of  the  reservation  when  he  was  sinning,  we  agree  with  him  and 
with  Lehmkuhl.104 

101  This  reason  is  plainly  not  a  valid  one,  since  all  theologians,  including 
the  opponents  of  this  view,  admit  that  reservation  directly  limits  jurisdiction ; 
these  latter,  however,  declare  that  certain  circumstances  art'  required  to  make 
a  sin  reserved,  and  that  it  is  questionable  if  the  knowledge  of  the  reserva- 
tion is  such  a  circumstance  or  not. 

102  This  is  not  convincing;  for  as  soon  as  the  penitent  confesses  a  reserved 
sin,  the  confessor  will  tell  him  of  the  reservation,  and  thus  a  cheek  will  he 
put  upon  the  relaxation  of  morality  for  the  future;  for  the  sins  that  have 
been  already  committed,  neither  one  opinion  nor  the  other  can  offer  any 
preventive  remedy. 

108  The  Theol.  of  Salamanca,  Tr.  18,  cp.  0,  n.  12  ;  Lugo,  De  Pan.  Disp.  20, 
n.  11;  Sanchez,  De  Matrim.  1.  9,  Disp.  32,  nn.  17,  18;  Sporer,  De  Poenit. 
n.  735 ;  Mazzotta,  Tract.  6,  Disp.  2,  Q.  3,  cp.  2,  §  2,  and  many  others ;  see 
Gury-Ballerini,  1.  c. 

104  L.  c.  n.  407.  Cf.  Gury-Ballerini,  1.  c.  This  may  at  least  constitute  a 
rule  for  most  dioceses.  We  must,  in  fact,  assume  that  the  bishop  has 
reserved  sins  in  the  manner  in  which  they  are  generally  understood  by  the 
confessor  to  be  reserved,  unless  it  is  shown  by  positive  evidence  that  the 


326  THE    MINISTER    OF    THE    SACRAMENT 

If,  however,  it  is  a  question  of  reserved  censures,  the  censure 
is  considered  not  reserved  when  the  penitent  did  not  know  of 
the  reservation,  as  only  he  incurs  a  censure  who  knew  of  it  and 
yet  committed  the  act  to  which  it  is  attached.  Concerning  the 
Papal  reservations,  at  least,  unanimity  upon  this  point  prevails 
among  the  theologians,  as  these  reservations  exist  chiefly  on 
account  of  the  censure.  With  regard  to  episcopal  cases  no 
unanimity  exists.  Here,  as  Suarez  rightly  teaches,  we  must 
have  regard  for  the  circumstances ;  that  is,  for  the  terms  of  the 
reservation,  for  custom,  and  for  the  power  of  the  person  who 
reserves,  etc.105  But  if  the  penitent  knew  of  the  censure  and 
did  not  know  of  the  reservation,  the  theory  of  some  few  theolo- 
gians that,  in  this  case,  also  the  censure  is  not  reserved,  is  rightly 
regarded  as  lax  and  altogether  improbable. 

43.    The  Papal  Reserved  Cases. 

In  the  year  I860  Pius  IX  issued  his  celebrated  Bull  "  Apos- 
toliecB  Sedis  moderationi"  the  object  of  which  was  to  reduce  the 
number  of  censures  imposed  at  different  times,  to  explain  them, 
and  to  bring  their  wording  to  such  form  that  uncertainty  and 
doubt  on  the  part  of  the  faithful  and  of  confessors  might 
cease.  By  virtue  of  his  apostolical  power  he  therein  decreed 
that  of  all  the  censures  ever  imposed,  whether  excommunication 

bishop  adopts  the  opinion  of  those  theologians  who  teach  that  a  reservation 
is  not  incurred  by  one  who  is  not  aware  of  its  existence.  Till  the  later  con- 
troversy, however,  it  was  always  the  general  conviction  that  reservation  was 
understood  to  be  incurred  by  one  who  did  not  know  of  it;  this  is  testified 
by  many  authors.  We  must,  therefoi-e.  assume  that  the  legislator  so  under- 
stood his  law.  But  if,  with  the  knowledge  of  the  bishop  and  without  pro- 
test on  his  part,  it  be  anywhere  taught  that  a  sin  is  not  to  be  regarded  as 
reserved  for  one  who  does  not  know  of  the  reservation,  this  may  be  consid- 
ered a  sufficiently  valid  indication  that  the  bishop  does  not  wish  to  bind 
those  who  are  ignorant  of  the  reservation.  Lehmkuhl,  1.  c. ;  Gury,  Ed. 
Ratisb.  ad  n.  571. 

10''  S.  Alph.  1.  c.  mi.  580,  581,  dub.  2;  Lacroix  1.  c.  n.  1(514;  Gury.  Ed. 
Ra1  isb.  V.  n.  571 . 


THE    PAPAL    RESERVED    CASES  327 

or  suspension  or  interdict,  only  those  should  henceforth  legally 
remain  in  force  which  were  explicitly  introduced  into  or  quoted 
in  his  constitution;  that  they  should  derive  their  validity  not 
only  from  the  authority  of  the  ancient  canons,  but  also  from  this 
constitution  itself,  just  as  though  they  were  there  for  the  first, 
time  imposed.  This  Bull  possesses  force  and  validity  for  the 
whole  Church  from  the  moment  when  it  was  promulgated  ad 
valvas  Ecclesia?  S.  Salvatoris.106  The  Bull  deals  with  censures107 
only,  and  these  are  either  Excommunications,108  Suspensions,  or 
Interdicts.109 

/.  Excommimicaliones  special)  modo  Romano  Pontifici  reser- 
vatce.  The  excommunication  spec,  modo  reserved  to  the  Pope  is 
incurred  by:  uo 

106  Cf.  Archive  fur  Kirchenrecht  (1871).  XXV.  148.  The  other  sources 
of  the  Papal  reserved  cases  are  the  Council  of  Trent,  of  which  the  censures 
still  remain  in  force  which  were  directly  imposed  by  this  Council  and  are 
nut  touched  by  the  Bull  "  Apost.  Sed.,"  and  those  Papal  decrees  which  have 
been  issued  for  the  imposition  of  censures  since  the  appearance  of  the  Bull 
"  Apost.  Sed.,"  that  is,  after  the  year  1869. 

107  The  two  Papal  cases  spoken  of  above  in  which  the  sin  is  reserved,  are, 
therefore,  not  quoted  in  it,  but  are  in  force. 

108  They  are  (1)  those  which,  in  an  especial  manner  (speciali  modo)  are 
reserved  to  the  Pope,  (2)  those  which  are  simply  reserved  to  the  Pope, 
(3)  those  which  are  reserved  to  the  bishops,  and  (  1 )  those  which  ai-e  reserved 
to  no  one.  The  two  first  classes  are  to  he  kept  apart  from  each  other,  for  a 
person  possessing  the  faculty  to  absolve  from  tin'  Papal  cases  does  not  nec- 
essarily possess  the  faculty  to  absolve  from  the  cases  which  are  speciali  modo 
reserved,  if  this  addition  is  not  expressly  made.  By  virtue  of  the  jus  eom- 
uiuiii'  (Cone.  Trid.  Sess.  XXIV.  cp.  6)  it  belongs  to  the  bishop  to  absolve 
from  the  second  class  if  the  cases  are  secret. 

109  Jan.  Bucceroni  (S.  J.),  Commentar.  de  Constitut.  Ap.  Sed.  (Romae, 
1888);  Aertnys,  Theol.  Mor.  Lib.  VII.  Tract.  I.  II.  III.;  Lehinkuhl, 
Theol.  Mor.  P.  II.  Lib.  II.  Tract.  I.  n.  920  ss. ;  Avauzini,  De  Constit. 
Ap.  Sed.  Commentarii  (Rom.,  1872);  Heiner,  Die  Kirchlichen  Censuren. 
Paderb.  1884,  S.  52  it.;  Kirchenlexikon  (2.  Ann.)  Apost,  Sed.  Vol.  I.  1. 
112.")  ff. 

110  There  are  twelve  of  them  in  the  Bull  "  Ap.  Sed."  which  were  all.  with 
the  exception  of  the  tenth,  contained  in  the  Bull  "  Camas,"  but  not  all  eodt  m 
liuiilo  ;  to  these  is  added  the  thirteenth  ex  Constit.  l'ii  IX,  Roman  us  Ponti- 
fex,  28  Aug.,  1ST:!. 


328  THE    MINISTER    OF    THE    SACRAMENT 

1.  All  who  have  fallen  from  the  Christian  faith  (apostates)  and 
all  heretics,  of  whatever  name  and  sect  they  may  be,  as  well  as 
their  adherents,  supporters,  and  all  their  defenders  in  general. 

As  the  expression  "Omnes  a  Christiana  fide  apostatas"  is  of 
general  application,  not  only  are  all  those  Christians  who  have 
embraced  Judaism  or  heathenism  comprised  in  it,  but  also  the 
so-called  freethinkers  who  wholly  give  themselves  up  to  unbelief, 
and  have  openly  renounced  all  religion ;  also  rationalists,  spiritu- 
alists, materialists,  pantheists,  deists,  atheists,  illuminati,  those 
who  profess  indifferentism  in  religion  or  a  merely  natural  reli- 
gion, and  other  unbelievers  of  similar  character,  who  belong  to 
the  order  of  Freemasons  or  adopt  the  principles  of  that  order, 
even  when,  here  and  there,  some  of  its  members  surround  them- 
selves with  a  halo  of  religion.111 

In  order  that  the  confessor  may  know  who  incurs  excommuni- 
cation under  the  expression  Omnes  et  singulos  hwreticos  he  must 
form  an  accurate  conception  of  heresy,  which  demands: 
(a)  error  formalis,  a  conscious  and  voluntary  denial  joined  to  per- 
tinacia,  (b)  the  denial  of  an  article  of  faith  promulgated  by  the 
Church,  (c)  the  external  expression  of  such  denial,  (d)  a  knowl- 
edge of  the  penalty  incurred.112  If  any  one  of  these  marks  is 
absent,  there  is  no  excommunication.  In  connection  with  this, 
Renninger  remarks:113  "At  a  time  when,  in  our  social  life,  the 
waves  of  unbelief  run  so  high,  prudence,  deliberation,  and 
knowledge  are  in  an  especial  manner  necessary  to  him  who  has 
the  care  of  souls,  that  hasty  judgment  may  be  avoided.  How- 
ever mindful  he  may  be  of  his  office  as  teacher,  he  must  never 
forget  the  demands  of  Christian  charity;  he  should  never  let 
himself  be  drawn  into  disputes  which  lead  to  nothing,  still 
less  should  he  provoke  them;   he  should  never  be  carried  away 

111  Cf.  Primer,  Moraltheol.  p.  121 ;  Heiner,  a.  a.  O.  §  53,  p.  53. 

112  Cf.  S.  Thorn.  II.  II.  Q.  11,  art.  1;  Suarez,  De  virt.  Theol.  Disp.  19, 
Sects.  1  and  5. 

113  Pastoral  Theology,  a.  a.  O.  §  57,  p.  158. 


THE    PAPAL    RESERVED    CASES  329 

by  violence.  Positive  assent  to  a  dogma  he  should  only  demand 
when  his  office  forces  him  to  do  so.  He  should,  especially  in 
the  confessional,  take  for  granted  that  he  who  believes  in  the 
Church,  believes  also  in  her  dogmas.  He  should  not  put  tempt- 
ing questions.  He  should  remember  that  many  howl  with  the 
wolves  without  really  knowing  what  the  howling  is  about, 
being  merely  anxious  not  to  lose  the  nimbus  of  liberalism.  He 
should  make  the  way  of  those  who  are  returning  as  smooth  as 
is  possible  without  violating  the  laws  of  the  Church.  The 
retractation  extra  confessionale,  which  cannot  be  dispensed 
with,  may  often  be  clothed  in  a  form  which  is  not  wounding  to 
self-respect,  and  is  yet  valid.  Intimations  to  this  effect  have 
been  forwarded  in  a  confidential  manner  to  their  clergy  by  dif- 
ferent Ordinaries,  who  were  moved  by  a  judicious  zeal  for  the 
salvation  of  souls."  To  this  class  belong  also  the  "  Credentes," 
that  is,  those  who  give  credence  and  who  —  without  formally 
professing  heretical  doctrine,  without  pertinacia,  or  without 
sufficient  knowledge,  pose  as  heretics  —  openly  profess  assent 
to  a  heretical  doctrine  by  word,  sign,  or  action  explicitly  or 
implicitly,  in  a  general  way.  To  these  also  belong  the  "  Re- 
ceptores,"  those  who  afford  to  apostates  or  heretics,  but  only  as 
apostates  and  heretics  (quatenus  hcvretici  et  non  ex.  gr.  qua  fures 
sunt)  shelter  and  receive  or  conceal  them  in  order  to  protect 
them  from  punishment  for  heresy;  to  these  also  belong  the 
fautores,  those  who  in  any  way  render  assistance  (per  omissionem 
or  per  commissionem)  to  apostates  or  heretics.  Finally,  we  may 
mention  the  defensores,  those  who,  in  any  way,  by  force  or  by 
cunning,  by  word  or  by  writing,  protect  heretics  as  such,  or 
their  doctrines  or  their  books. 

2.  All  those  who,  without  permission  of  the  Holy  See,  know- 
ingly read,  print,  keep,  or  in  any  way  defend  the  books  of  the 
above-mentioned  apostates  and  heretics,  if  the  defense  of  heresy 
is  the  subject-matter  of  these  books;  as,  also,  the  readers, 
printers,  possessors,  or  defenders  of  those  books  which,  by  a 


330  THE    MINISTER    OF    THE    SACRAMENT 

Papal  document  (Encyclical,  Brief,  or  Bull)  are,  by  name  (that 
is,  by  statement  of  the  title  of  the  book),  forbidden. 

(a)  The  Readers.  Reading  here  must  be  understood  as  a 
moral  not  merely  a  physical  act,  when,  for  example,  the  reader 
understands  nothing  of  the  language; 1U  in  this  kind  of  reading 
must  be  included  causing  a  book  to  be  read  to  one  (not  merely 
listening,  however  sinful  the  latter  may  be)  since,  where  there1  is 
cadem  ratio  also  eadem  est  juris  dispositio.115  Moreover,  in  order 
to  incur  the  censure,  it  is  necessary  that  a  part  sufficient  to  con- 
st it  ute  a  mortal  sin,  about  a  page,  be  read;116  that  the  reading 
should  take  place  scienter,  that  is,  with  knowledge  that  the  book 
has  been  written  by  an  apostate  or  heretic ;  finally,  it  is  requisite 
thatitshould  defend  heresy  and  that  the  reading  or  keeping  should 
take  place  without  authorization  from  the  Holy  See.  (b)  The 
readers  of  books  in  the  proper  sense  of  the  word,  be  they  written117 
or  printed,  not  of  merely  printed  matter,  as  brochures,  pam- 
phlets, newspapers,  periodical  sheets,  etc.,  although  the  reading 
of  such  products  of  the  day  may  often  be,  and  very  often  is, 
more  dangerous  to  faith  and  morals  than  the  reading  of  a  bad 
book,  and  there  is  no  doubt  that  the  reading  and  keeping  of  such 
literature  is  always  a  great  sin,  being  an  offense  against  the 
natural  law.118  (c)  The  Retinenies,  that  is,  all  those  who  know- 
ingly retain  in  their  possession  for  some  time,  either  in  their 

114  Cf.  Suarez,  De  Fide,  20,  2,  18.  115  Regula  juris  in  VI. 

116  The  gravitas  materia  is  here  to  be  estimated  both  ex  re  ijiur  tractatur 
and  ex  quantitate ;  if  the  exposition  or  defense  of  a  heretical  doctrine  is 
read,  the  half,  or  the  third,  of  a  page  suffices. 

117  Some  authors,  as  d'Annibale  and  Melata,  restrict  the  censures  to  printed 
books. 

118  But  if  these  lesser  publications  are  parts  of  a  book  of  the  same  con- 
tents, they  are  (subject  to  the  above-mentioned  conditions)  in  the  category 
of  forbidden  books,  especially  if  they  are  bound  together  in  one  volume. 
Periodical  publications,  therefore,  of  which  every  separate  number  is  regarded 
as  a  part  of  the  whole  yearly  issue,  fall  under  the  reserved  censure;  but  not 
newspapers,  as  with  these  there  is  no  question  of  parts  belonging  to  each 
other,  each  separate  number  being  regarded  as  complete  in  itself.  (Act.  S. 
Sed.  Vol.  VI.  fasc.  5,  p.  9,  Append.  3,  p.  133.) 


THE    PAPAL     RESERVED    CASES  33] 

own  homes  or  in  that  of  a  stranger,  in  their  own  name  or  in  that 
of  another,  a  book  forbidden  in  the  manner  above  specified. 
(d)  The  Imprimentes,  that  is,  all  those  who  directly  cooperate 
or  assist,  as  causes  morales  or  physicce,  in  printing:  authors, 
publishers,  printers,  (e)  The  Defendenles,  that  is,  those  who 
defend  books  which  are  forbidden  in  the  sense  specified  above. uu 
Accordingly  he  does  not  incur  this  excommunication  :  (1)  who  only 
reads  or  keeps  a  few  separate  leaves  of  such  a  book  or  periodicals, 
etc. ;  (2)  who  reads  perfunctorily;  (3)  who  reads  from  necessity, 
to  be  able  to  refute  a  heretic,  and  was  not  able  previously  to 
procure  the  necessary  permission ;  (4)  if  his  reading  is  only  a  phys- 
ical act,  without  his  being  able  to  understand  anything;  (5)  if 
he  keeps  a  book  for  a  short  time  only,  for  example,  a  day  or  two, 
or  only  till  he  has  obtained  the  permission  requested,  or  if  he 
has  no  opportunity  of  giving  the  book  to  the  Superior.120 

119  It  remains  to  be  remarked  that  the  ten  rules  of  the  Index  itself  are 
not  touched  by  this  ordinance  of  the  Bull,  but  that  the  Excomm.  Int.  sent. 
al  t  ached  at  the  end  of  the  regul.  X  falls  away,  as  it  was  not  directly  attached 
by  the  Council  of  Trent  itself,  but  by  Pius  IV.  Consequently  the  reading 
and  keeping  of  heretical  books,  or  of  such  as  are  condemned  by  a  decree  of 
the  Congregation  of  the  Index  remains,  indeed,  still  forbidden  in  the  future. 
but  the  punishment  of  the  now  specially  reserved  excommunication  is 
incurred  only  in  two  cases:  (a)  when  the  author  of  the  book  is  an  apostate 
or  a  heretic,  and  the  book,  moreover,  not  only  contains  heresy,  but  ex  pro- 
fesso  defends  it,  and  (b)  when  the  latter,  be  the  author  who  he  may,  is,  with 
exact  specification  of  the  title,  forbidden  by  a  Papal  Brief,  or  a  Bull,  or  an 
Encyclical  Letter.  Although  the  Constitution  Officiorum  ac  Munerum  of 
Leo  XIII  (2.">  dan.,  1897)  has  considerably  mitigated  the  prohibitions  of 
Clement  VIII,  Alexander  VII,  and  Benedict  XIV.  in  regard  to  the  reading 
and  propagating  of  noxious  literature,  nevertheless  the  warnings  against 
the  intellectual  and  moral  dangers  of  bad  books,  which  the  Index  Congre- 
gation addresses  to  Catholics,  retain  their  full  force.  The  confessor  should 
of  course  remember  that  the  censures  attached  to  the  reading  of  forbidden 
books  are  applicable  only  where  there  is  a  conscious  violation  of  the  prohi- 
bition: furthermore,  that  not  only  ignorance,  but  also  a  general  conauetudo 
lessening  the  danger  to  faith  or  morals,  constitute  a  mitigating  circumstance 
which  demands  wise  discrimination  on  tin1  part  of  confessors  who  apply  the 
laws  of  the  Index.  Few  Catholics  in  English-speaking  countries  know  what 
hooks  are  on  the  Index,  and  that  fact  itself  is  a  reason  for  moderate  judg- 
ment. 120  Cf.  S.  Alph.  Lib.  VII.  mi.  295,  284,  292. 


332  THE    MINISTER    OF    THE    SACRAMENT 

3.  Schismatics  and  all  who  obstinately  refuse  obedience  to 
the  reigning  Pope. 

4.  All  those  who,  whatever  their  position  may  be,  or  the 
dignity  they  may  hold,  appeal  from  the  injunctions  or  orders 
of  the  reigning  Popes  to  a  future  general  Council ;  moreover  the 
aiders,  advisers,  and  favorers  of  such. 

5.  All  those  who  kill,  maim,  strike,  take  prisoner,  or  keep 
prisoner,  or  persecute  in  hostile  manner  cardinals,  patriarchs, 
archbishops,  -  bishops,  Papal  legates,  or  nuncios ;  those  who 
expel  them  from  their  dioceses,  or  lands  belonging  to  them, 
or  estates  in  their  possession ;  as  those  also  who  order  or  sanc- 
tion such  acts,  or  give  help,  advice,  or  encouragement  in  their 
execution. 

6.  Those  who  directly  or  indirectly  hinder  the  execution  of 
ecclesiastical  jurisdiction  and  who,  for  this  purpose  {ad  hoc),121 
apply  to  the  secular  power,  as  well  as  those  who  cause  or  publish 
the  commands  of  such  persons,  or  afford  help,  advice,  or  coun- 
tenance in  such  proceeding.  The  ecclesiastical  juridical  power 
is  the  lawful  competence  of  the  Church  to  govern  her  subjects 
in  respect  to  everything  that  belongs  to  their  eternal  welfare. 
This  power  is  exercised  in  foro  externo  and  interno.  The  Exer- 
citium  ordinis  (consecrare,  benedicere,  etc.)  is  to  be  distinguished 
from  the  Exercitium  jurisdictionis. 

7.  Those  who  directly  or  indirectly  compel  secular  judges  to 
cite  ecclesiastical  persons  before  their  tribunal  contrary  to  ca- 
nonical regulations  (unless  it  should  be  the  case  that  ecclesiasti- 
cal regulations,  either  general  or  particular  (Concordats)  allow 
this),  as  well  as  those  who  issue  laws  or  regulations  against  the 
freedom  or  rights  of  the  Church.  This  canon  refers  to  condi- 
tions which,  though  still  extant  in  certain  parts  of  Europe,  have 
hardly  any   force  in  the  United  States  and  other  missionary 

121  This  does  not  add  a  new  condition  for  incurring  the  censure  leveled 
against  the  impedientes  exercitium  jurisdictionis,  but  only  introduces  another 
class  of  the  same  offenders  (as  Avanzini  and  Heiner,  p.  87,  assume). 


THE    PAPAL    RESERVED    CASES  338 

countries;  it  protects  the  privilegium  fori  of  clerics,  and  in  a 
general  way  the  freedom  and  rights  of  the  Church.122 

8.  Those  who  apply  to  the  secular  power  to  prevent  the  execu- 
tion of  decrees  or  of  any  acts  proceeding  from  the  Holy  See  or 
its  legates  or  delegates,  as  also  those  who  directly  or  indirectly 
actually  prevent  the  promulgation  or  execution  of  such,  or  who, 
on  account  of  these  decrees  or  acts,  injure  or  threaten  others 
(agents,  mandatories). 

9.  The  forgers  of  Papal  documents,  the  promulgators  or 
subscribers  of  such  forged  Papal  documents  (litterarum  Apos- 
tolicarum  etiam  in  forma  Brevis  ac  supplicationum  gratiam  vel 
j ust  it iam  concernentium ) . 

10.  Absolventes  complices  in  peccato  turpi,  etc. ;  see  §  46. 

11.  Those  who  usurp  or  sequestrate  {jurisdictionem)  rights  of 
jurisdiction  (secular  rights  appertaining  to  the  Church  by  virtue 
of  any  legal  titles,  for  instance,  fiscal  rights,  etc.),  the  goods  or 
revenues  of  ecclesiastics,  which  belong  to  them  ratione  suarum 
ecclesiarum  aid  beneficiorum  (that  is  by  virtue  of  their  ecclesias- 
tical position). 

Mere  thieves  and  even  robbers  of  Church  property,  accord- 
ingly, do  not  come  under  the  censure  here  pronounced,  as  they 
cannot  be  classed  under  the  definition  either  of  usurpantes  or 
sctpicstrantes  (cf.  S.  C.  Inq.  9  March,  1870),  nor  does  the  pur- 
chasing by  contract  of  such  goods  from  usurpers  come  under  it. 
But  the  latter  is  subject  to  the  Tridentine  censure,  the  censure 
reserved  simply  to  the  Pope  (cf.  S.  C.  Off.  8  July,  1874).    AVhether 

122  As  to  the  disputed  question  whether  one  is  included  amongst  the 
coqentes  who  denounces  and  prosecutes  a  cleric  before  the  civil  court,  so  that 
the  judge,  in  consequence  of  this  denunciation,  is  officially  compelled  to 
summon  the  accused  cleric,  and  pronounce  sentence  upon  him  according  to 
the  provisions  of  existing  law,  we  refer  the  reader  to  Heiner,  who  discusses 
this  point.  According  to  him,  the  sententia  communior  et  fere  communis 
teaches  that  such  a  one  falls  under  the  censure,  while  the  negative  opinion 
is  not  improbable.  Moreover,  a  declaration  of  the  S.  C.  Tnq.  23  Jan.,  1886, 
favors  this  latter  opinion.  Cf.  Aertnys,  1.  c.  Lib.  VII.  Tract.  1,  n.  82; 
d'Annibale  (Melata)  Manuale  Theol.  Mor.  p.  260. 


334  THE    MINISTER     OF    THE    SACRAMENT 

the  property  of  monasteries  is  included,  is  a  matter  of  contro- 
versy; the  property  of  pious  foundations  is  not  included.  The 
estates  of  monasteries  fall  under  the  Tridentine  censure. 

12.  All  those  who,  themselves  or  through  others,  attack  towns, 
territories,  or  villages,  belonging  to  the  Roman  Church,  destroy 
or  occupy  them;  as  also  those  who  arrogate  to  themselves 
supreme  administrative  power  in  these  places,  disturb  or  stop 
the  execution  of  such  power,  and  those  who  afford  help,  advice, 
and  countenance  in  such  work. 

13.  Accordingly,  the  canons  and  dignitaries  of  vacant  cathe- 
dral churches,  and,  in  the  absence  of  a  Chapter,  all  those  who 
are  competent  to  appoint  a  vicar-capitular,  or  to  govern  the 
bereaved  diocese  themselves,  incur  the  excommunication  spe- 
cially reserved  to  the  Pope,  as  well  as  suspension  of  the  revenues 
of  their  benefices,  if  they  presume  to  admit  a  bishop  elected  by 
the  Chapter,  or  one  presented  by  the  secular  power,  for  the 
government  and  administration  of  the  vacant  church  before 
these  persons  have  accredited  themselves  by  submitting  the 
Papal  documents  bearing  upon  their  appointments,  —  and  that 
for  so  long  as  the  Apostolic  See  may  think  proper  to  keep  this 
suspension  in  force;  moreover,  those  chosen  or  nominated  and 
presented  for  vacant  churches  who  presume  to  undertake  the 
government  and  administration  of  these  churches  ex  concessione 
et  translatione,  de  qua  supra  (that  is,  before  this  submitting  of 
credentials),  as  well  as  all  those  who  have  obeyed,  or  given  help, 
advice,  or  countenance  to  such  acts,  cujuscumque  status,  con- 
ditionis,  pra-eminentice  et  dignitatis  fuerint.  To  this  is  added: 
AVhen  any  one  of  the  above-named  persons  is  invested  with  the 
dignity  of  a  bishop,  he  incurs  the  penalty  of  suspension  ab  exer- 
citio  Pontificalium  and  of  the  Interdict  ab  ingressu  Ecclesia, 
which  overtakes  him  ipso  facto  absque  ulla  declaratione,  and  is 
reserved  to  the  Apostolic  See.123 

128  Cf.  Heineiya.  a.  O.  S.  124  ff. ;  Gury-Ballerini,  II.  n.  973.    Aertnys,  1.  c 

n.  88. 


THE    PAPAL    RESERVED    CASES  :>:}f> 

14.  The  so-called  "civil  government  pastors,"  appointed  by 
the  State,  qui  sujfragante  populo  ad  parochi  sive  vicarii  officium 
electi  audeant  sive  ecclesui  sire  jurium  ac  bonorum  prcetensam  pos- 
sessionem arripere,  atqtie  obire  munia  ecclesiastici  ministerii,  incur 
the  same  excommunication,  in  accordance  with  a  solemn  decree 
of  the  Sacred  Congregation  of  the  Council  (13  May,  1874).124 

II.  Excommunicationes  latai  sententice  Romano  Pontifici  sim- 
pliciter  reservata. 

There  are  eighteen  of  these,  to  which  are  added  one  of  the 
Council  of  Trent,  and  another  ex  declaratione  S.  C.  Inq.:  — 

1.  All  who  publicly  or  privately  teach  or  defend  tenets  which 
are  condemned  by  the  Holy  See  under  pain  of  excommunieatio 
Itihc  sententice,  as  also  those  who  teach  and  uphold  that  the  prac- 
l  ice  of  asking  the  penitent  the  name  of  the  accomplice  is  allowed. 

To  the  propositions,  the  teaching  and  defending  of  which 
involves  the  above  censure,  do  not  belong  such  tenets  as  are 
simply  condemned  by  the  Pope,  as  those  included  in  the  Sylla- 
bus, for  example,  or  which  are  interdicted  under  other  censures 
and  penalties. 

2.  Those  who,  incited  by  the  devil  (suadente  diabolo),  lay 
violent  hands  on  clerics,  or  religious,  unless  the  power  of  abso- 
lution is  accorded  to  the  bishops  or  others,  either  jure  or 
privilegio.  The  words  suadente  diabolo  imply  that  there  is 
question  of  a  grave  sin.  This  censure  is,  accordingly,  not  in- 
curred if  the  percussio  take  place  either  oh  legitimam  sui  defen- 
sionem,  vel  ob  justam  subditi  Clerici  correptionem,  vel  ex  joco  aut 
casu  jortuito  vel  ex  subita  ira,  vel  ex  ignorantia  that  the  person 
struck  is  a  cleric.  On  the  other  hand,  the  censure  extends  also 
to  impuberes  and  the  efjicaciter  cooperantes.125 

124  Heiner,  a.  a.  O.  S.  127  ff. 

125  Cf.  Aertnys,  1.  c.  n.  945.  The  bishop  can  jure  absolve,  if  the  percussio 
was  levis,  etiam  publico  (thus  the  vicars-general  also  can  absolve),  and  when 
the  percussio,  no  matter  whether  enormis,  gravis,  or  levis,  is  ;i  delictum  occul- 
tum.  The  Prcelati  regulates  can,  ex  privilegio,  absolve  their  subordinates 
from  this  censure. 


336  THE    MINISTER    OF    THE    SACRAMENT 

3.  Duellists,  even  when  they  only  challenge  to  a  duel,  01 
accept  the  challenge,  and  all  accomplices  and  abettors.  The 
censures  attached  to  the  duel  are,  therefore,  incurred  by :  — 

(1)  the  duellists  themselves,  whether  the  duel  takes  place 
with  or  without  witnesses,  whether  wounding  follows  or  not; 
(2)  the  challengers  to  a  duel,  even  when  the  challenge  is  not 
accepted;  (3)  he  who  accepts  the  challenge,  even  when  no  duel 
takes  place,  and  when  the  parties  to  the  proposed  duel  do  not 
meet;  (4)  the  seconds,  those  who  accompany  the  duellists, 
and  in  fact  all  those  w7ho  afford  countenance  and  assistance  to 
them,  and  who,  by  advice;  or  in  any  other  way,  make  them- 
selves accomplices;  (5)  the  spectators  who  to  that  end,  and 
of  set  purpose,  repair  to  the  scene  of  the  encounter,  as  such 
onlooking  is  a  further  incitement  to  the  encounter;  (6)  the 
persons  in  authority  who  permit  this,  and,  as  far  as  in  them 
lies,  do  not  forbid  it. 

4.  Those  who  belong  to  the  sect  of  the  Freemasons  or  Car- 
bonari or  to  other  sects  of  the  kind  (Fenians  in  America  and 
Ireland) 126  who  agitate  either  openly  or  in  secret  against  the 
Church  or  the  lawful  government,  as  well  as  all  who  in  any 
way  countenance  these  sects,  or  do  not  denounce  their  secret 
heads  and  leaders  (to  the  local  ecclesiastical  superiors)  when  they 
clearly  realize  their  duty  of  denouncing.  Political  partisans, 
so  long  as  they  employ  only  the  means  which  modern  public 
law  places  at  their  disposal  in  their  endeavors  to  realize  their 
ideal  of  the  future  social  state,  do  not  incur  this  censure. 

5.  The  violators  of  the  rights  of  the  sanctuary. 

6  and  7.  The  violators  of  the  inclosure  in  monasteries  and 
convents.  Only  the  violation  of  the  so-called  Papal  inclosure, 
that  is,  the  inclosure  prescribed  by  general  ecclesiastical  law  to 

126  By  a  decree  of  the  S.  O.  20  Aug.,  1894,  the  American  societies  of  Odd 
Fellows,  Good  Templars,  and  Knights  of  Pythias  were  condemned ;  v. 
Bucceroni,  Supplementum  bibliothecre;  Ferraris,  s.  v.  Sectarii ;  S.  C.  Inq. 
12  Jan.,  1870.     Cf.  Gen.  Index  Ecclesiastical  Review. 


THE    PAPAL    RESERVED    CASES  337 

the  Orders  with  solemn  vows,  brings  with  it  the  excommunica- 
tion here  mentioned;  not  the  violation  of  that  inclosure  which  is 
observed  in  the  more  recent  Congregations  of  men  or  women 
either  on  account  of  their  rules,  or  of  a  particular  vow,  or  also 
in  consequence  of  a  regulation  of  the  local  bishop.  Not  only 
do  the  violators  of  the  inclosure  incur  the  excommunication, 
but  all,  Superiors  or  others,  who,  without  lawful  reasons, 
permit  entrance. 

8,  9,  and  10  refer  to  simony:  real  (S) ;  confidential  (9);  in 
the  bestowal  of  benefices,  and  real  on  entering  a  Religious  Order 
(10). 

11  and  12  are  directed  against  the  abuse  of  spiritual  favors 
for  the  purpose  of  unworthy  gain,  which  may  take  place  by 
procuring  for  one's  self:  (11)  material  profit  in  the  dispensing 
of  indulgences  and  other  spiritual  graces,  or  (12)  by  collecting 
Mass  stipends  at  a  higher  price,  and  having  these  Masses  said 
in  places  where  a  lower  fee  is  customary.  While  number  11 
concerns  only  the  "inferiores  Spi-scopis,"  number  12  applies  to 
all  collectors  (colligentes)  who  procure  profit  to  themselves  by 
the  above-mentioned  proceedings. 

13.  Those  who  alienate  and  mortgage  lands  belonging  to  the 
Roman  Church. 

14.  Members  of  Religious  Orders  who,  without  permission  of 
the  local  parish  priest,  presume  to  administer  to  clerics  or  lay- 
men the  Sacrament  of  Extreme  Unction,  or  the  Eucharist  as 
viaticum;    except  in  case  of  necessity. 

15.  Those  who,  without  lawful  permission,  remove  from  the 
holy  cemeteries  and  catacombs  of  the  city  of  Rome  and  its 
territories,  relics  (therefore,  only  remains  of  saints,  corpora  vel 
partes  corporis,  etiam  in  minima  pariicida,  qu  bus  indvbia  mar- 
tyrii  signa  adjuncta  sunt;  cf.  S.  R.  C.  10  Dec,  1863)-,  and  those 
who  help  and  countenance  them. 

16.  Those  who  are  associated  in  crimine  criminoso  with  a  per- 
son whom  the  Pope  has,  by  name,  excommunicated,   that   is, 


338  THE    MINISTER    OF    THE    SACRAMENT 

who,  by  helping  or  countenancing,  take  part  in  the  crime  on 
account  of  which  the  originator  was,  by  mention  of  name,  ex- 
communicated by  the  Pope. 

17.  Clerics  who  knowingly  and  without  compulsion  associate 
in  divinis  (that  is,  in  the  Church's  offices)  with  one  by  name 
excommunicated  by  the  Pope,  and  permit  such  to  participate 
in  divine  service. 

In  order,  therefore,  that  this  excommunication  be  incurred, 
the  communicatio  must  be :  (a)  with  a  person  by  name  excom- 
municated by  the  Pope;  (b)  knowingly  and  (c)  voluntarily. 
According  to  the  general  and  unanimous  explanation  the  et  is 
not  to  be  taken  as  disjunctive  but  conjunctive,  so  that  the 
"  communicantes  in  divinis"  with  a  person  by  name  excommuni- 
cated, and  the  "ipsos  in  officiis  recipientes"  are  to  be  interpreted 
as  members  of  a  sentence  which  necessarily  belong  to  each 
other.127  " Divina"  and  "officio,"  are  merely  synonymous 
terms. 

18.  Those  who  presume,  without  proper  permission,  etiam 
quovis  praiextu,  to  absolve  from  the  excommunications  reserved 
speciali  modo  to  the  Pope  —  that  is,  extra  casum  legitimi  im- 
pedimenti  eundi  Romam. 

19.  Missionaries  who  quocunque  modo  sive  per  se  sive  per 
alios  engage  in  commerce  in  Indiis  Orientalibus  et  America,  and 
those  Superiors  who  have  not  censured  their  subordinates 
offending  on  this  head.  Ex  authent.  Declarat.  S.  C.  Inq.  4  Dec, 
1872,  a  Pio  IX  approbata. 

20.  Refers  to  clerics  and  laymen  qnacunque  dignitate  etiam 
imperiali  aut  regali  who  unlawfully  appropriate  jurisdictions, 
interests,  rights,  also  fiefs  and  hereditary  tenures,  incomes, 
usufruct,  or  revenues  from  any  church  or  benefice,  from  the 
montes  pietatis  and  other  pia  loca.  (This  is  an  extension  of  the 
number  11  above,  in  section  I  of  the  Censures.)128 

127  Heiner,  a.  a.  O.  S.  22G ;  Aertnys,  1.  c.  103. 

128  Cf.  Trid.  Seas.  XXII.  cp.  11  de  ref. 


THE    PAPAL    RESERVED    CASES  339 

777.    Excommunicationes  Ordinariis  Reservatce.120 

1.  Clerics  in  major  Orders,  monks,  and  nuns,  who,  after  hav- 
ing taken  the  solemn  vow  of  chastity  (not  the  simple)  dare  to 
contract  marriage,  as  also  all  who  attempt  to  perform  the  mar- 
riage rite  over  the  above-named  persons -- such  marriage  being 
of  itself  invalid. 

2.  All  who  cause  abortion.130 

3.  Those  who  knowingly  make  use  of  forged  Papal  docu- 
ments, or  lend  assistance  in  this  crime. 

IV.    Excommunicationes  non  ReservaUv. 

1.  Those  who  order  or  insist  with  force  that  notorious  here- 
tics or  those  by  name  excommunicated,  or  by  name  interdicted, 
should  be  buried  with  the  rites  of  the  Church. 

2.  All  those  who  injure  or  threaten  the  inquisitors,  accusers, 
witnesses,  or  other  servants  of  the  Holy  Office  in  the  perform- 
ance of  their  duty,  or  who  steal  or  destroy  the  official  documents 
of  this  Office,  or  who  afford  help,  advice,  or  countenance  in 
any  one  of  these  actions. 

3.  This  excommunication  falls  upon  the  vendors  (alienantes) 
or  receivers   (recipere  prcesumentes)    of    Church   property   who 

129  By  the  name  "  Ordinarii"  are  to  be  understood  not  only  the  bishops 
and  capitular-vicars,  but  also  vicars-general,  Prcelati  regulares  and  others 
who  possess  episcopal  jurisdiction.  The  confessarii  regulares  also  can  absolve 
from  this  class  of  excommunication  in  foro  conscientice.  Pius  IX  has  only 
revoked  the  privileges  to  absolve  a  casibus  R.  Pontijici  reservatis  :  ex  sententia 
probabiliori.  Regulars  can,  vi  complurium  privilegiorum  a  S.  Sede  concessorum, 
absolve  from  the  censures  reserved  by  the  common  law  to  the  bishops.  Cf. 
S.  Alph.  1.  c.  n.  99,  and  I)e  Privil.  n.  100.  Those  censures  arc  excepted  which 
the  Ordinaries  have  reserved  to  themselves. 

130  It  is  rents  abortus  which  is  here  punished,  thai  is,  foetus  immaturi  ejectio 
adeo  nl  mors  ipsius  imle  secuta  sit,  therefore,  not  the  partus  prozmaturus  foetus 
uitalis,  when  procured  for  just  motives.  Tins  IX  abolished  the  old  distinction 
between  foetus  animatus  et  inanimatus.  It  is  the  procuratio  abortus,  moreover, 
that  is  punished,  that  is,  per  se  sive  per  alias  interpositas  /><  rsonas  —  studiose  or 
ex  industria.  The  censure  is,  therefore,  not  incurred  by  one  who  employed 
the  means  without  the  effect  resulting.  Compare  Heiner,  a.  a.  O.  S.  243  If.; 
Aertnys,  1.  c.  n.  109;  Theol.  Mor.  Lib.  ill.  n.  192;  Lehmkuhl,  Theol.  Mor. 
P.  I.  Lib.  II.  Tract.  II.  n.  840  ss. :   P.  II.  Lib.  II.  Tract.  I.  n.  970. 


340  THE    MINISTER    OF    THE    SACRAMENT 

have  not  obtained  permission  of  the  Pope  in  the  prescribed 
form. 

4.  Those  who  omit  to  denounce  a  soliciting  confessor  (§  45). 
False  denunciation  constitutes  a  Papal  reservation  without 
censure. 

To  these  excommunications  are  added  Suspensions  and  Inter- 
dicts :  — 

The  Suspensions  later  sententicc  simply  reserved  to  the  Pope, 
refer  to  Ordination  which  takes  place  by  infraction  of  definite 
ecclesiastical  regulations,  and  to  religious  who  are  expelled  from 
their  Orders. 

The  Interdicts  lata?  sentential  affect  universities,  colleges,  and 
chapters,  whatever  name  they  may  bear,  who  appeal  to  a 
future  general  Council  from  the  regulations  or  orders  of  the 
ruling  Pope  of  the  time,  or  who  knowingly  cause  religious 
service  to  be  held  in  interdicted  places,  as  also  those  who 
admit  persons  excommunicated  by  name  to  religious  service, 
to  the  holy  Sacraments,  or  to  burial  with  Church  service,  and 
that  till  the  ecclesiastical  Superior  whose  orders  have  been 
disregarded  has  received  satisfaction. 

44.   Absolution  of  Reserved  Sins. 

I.  All  those  who  can  reserve  sins  may,  of  their  ordinary  power 
(ordinaria  potestate),  also  absolve  from  them ;  therefore :  (1)  those 
who  have  reserved,  (2)  their  successors  in  the  same  office,  and 
(3)   their  Superiors. 

With  delegated  authority  (potestate  delegata)  those  can  absolve 
who  have  received  a  special  faculty  from  the  person  reserving, 
or  his  successor  or  Superior,  and  that  only  within  the  limits  com- 
prised in  the  power  conferred. 

II.  The  bishops  and  their  delegates  can,  according  to  common 
law,  absolve  (1)  all  penitents  from  the  secret  Papal  reserves, 
with  the  exception  of  those  which  are,  speciali  modo,  reserved 


ABSOLUTION    OF    RESERVED    SINS  341 

to  the  Pope;"1  and  (2)  according  to  the  general  teaching  of 
theologians,  which  is  based  upon  the  ecclesiastical  law  itself, 
those  penitents  who  are  prevented  from  going  to  the  Pope,  from 
all  Papal  reserves,  secret  or  public.132 

According  to  the  general  interpretation  of  the  Council  of 
Trent,  and  general  custom,  the  bishop  can  transfer  to  another, 
by  free  choice  (vicarius  ad  id  specialiter  deputandus) ,  his  powers 
of  absolving  from  the  Papal  reserves  under  the  specified  condi- 
tions. Some  bishops,  especially  those  in  distant  parts,  not 
infrequently  receive,  through  the  quinquennial  or  triennial  fac- 
ulties, greater  powers  over  cases  which  are,  speciali  modo,  re- 
served to  the  Pope.  But  whether  they  can  also  transfer  these 
powers  and  how,  -  -  whether  generally  or  only  in  separate  cases, 
—  must  be  gathered  from  the  document  by  which  these  privi- 
leges are  conferred. 

Formerly  Regulars  could,  by  virtue  of  a  perpetual  privilege, 
absolve  from  all  cases  reserved,  ordinario  modo,  to  the  Pope; 
this  privilege  has  been  withdrawn  by  the  constitution  "  Apos- 
tolicce  Sedis."  m 

III.  If  a  priest  who  is  not  empowered  to  absolve  from  reserved 
cases  hears  a  reserved  sin  in  the  confessional,  he  must,  as  a  rule, 
refer  the  penitent  to  the  Superior,  or  to  another  priest  delegated 
by  him.  But  if  the  confession  must  of  necessity  be  made  just 
at  that  time,  and  if  there  is  any  obstacle  in  the  way  of  going  to 
another,  the  unauthorized  confessor  can  absolve  directly  from 
the  non-reserved,  and,  consequently,  indirectly  from  the  reserved 

131  Cf.  Trid.  Sess.  XXIV.  de  ref.  cp.  6,  "Liceat"  and  the  Constit.  Apos- 
tolica?  Sedis  Pii  IX. 

132  Cf.  S.  Alph.  Lib.  VII.  ii.  si.  Corpus  jur.  can.  cp.  "Eos  qui  "  de  sent, 
exconnn.  in  <!().  Whether  bishops  and  others  possess  still  greater  powers,  is 
to  he  gathered  from  the  special  faculties  which  the  Apostolic  See  may  have 
granted  them. 

133  Cf.  Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  IT.  De  Reservat.  cas.  n.  772  ss. ; 
Lehmkuhl,  1.  c.  n.  411,  ad  II.  Concerning  the  privilege  of  the  Mendicants 
as  regards  the  absolution  from  the  Casus  Episcopal.,  and  from  the  Casus  qui 
Episcopis  tantum  a  jure  reseroatur,  see  Ballerini,  1.  c. 


342  the  minister  of  the  sacrament 

sins.  But  the  penitent  must  confess,  in  addition  to  reserved 
sins,  others  which  are  not  reserved,  or  confess  again  a  sin  al- 
ready confessed,  in  order  that  the  materia  Sacramenli  may  not 
be  wanting.  It  is,  however,  afterwards  the  duty  of  the  penitent 
-  if  it  is  possible  to  him  —  to  confess  the  reserved  sin  to  the 
Superior,  or  to  a  priest  designated  by  him,  or,  as  the  case  may 
be,  to  the  same  confessor  after  the  latter  has  received  power  to 
absolve  from  the  sin  in  question,  in  order  that  he  may  be 
directly  absolved  from  the  reserved  sins.134 

134  Formerly,  in  accordance  with  the  prescription  of  the  canon  law,  the 
teaching  universally  held  was  that  (a)  one  who  is  prevented  during  a  very 
long  time,  or  always  (five  years  or  longer)  from  going  to  the  Superior  or  his 
delegate,  is  absolved  by  a  subordinate  priest  without  any  further  obligation, 
and  (//)  one  who  is  prevented  for  a  long  time  (from  six  months  to  five 
years)  is  absolved,  with  the  duty  of  presenting  himself  before  the  Supe- 
rior when  the  obstacle  is  removed,  while  one  who  is  prevented  only  for 
a  short  time  may  not  be  absolved  from  reserved  sins;  but  if  necessity 
urges  hie  et  nunc,  absolution  for  the  non-reserved  sins  can  be  given  him, 
so  that  the  reserved  sins-may  be  indirectly  blotted  out,  the  obligation  of  ob- 
taining absolution  from  the  reservation  or  censure  from  the  Superior  or  dele- 
gated priest  remaining  in  force.  This  theory  was  based  upon  the  assumption 
that  he  who  was  notable  to  appear  before  the  Pope  was  not  bound  to  employ 
any  other  means  of  communication  (a  letter,  for  example)  unless  this  were 
expressly  prescribed  by  the  legislator.  Moreover,  on  July  8,  1860,  in  an- 
swer to  the  question  :  Are  penitents  who  are  prevented  from  going  to  Rome 
in  person  bound  to  seek  absolution  from  reserved  cases  at  least  by  letter  or 
through  the  agency  of  another?  the  S.  C.  Officii  replied  that  the  decision  of 
approved  authorities,  especially  of  St.  Alphonsus  of  Liguori,  should  be  ad- 
hered to.  Now  the  latter  teaches  (Lib.  VII.  n.  89)  as  sententia  probabilior  et 
communis,  that  one  is  not  bound  to  this.  On  June  23,  1886,  another  line 
of  conduct  in  this  matter  was  prescribed  by  the  S.  Officium.  The  questions 
there  put  were:  1.  May  one  positively  adopt  and  act  upon  the  teaching 
that  the  absolution  from  reserved  sins  and  censures,  also  from  those  speciali 
modo  reserved  to  the  Pope,  devolves  upon  the  bishop,  or  upon  any  approved 
priest,  when  the  penitent  finds  himself  unable  to  go  to  the  Pope?  2.  If  the 
answrer  to  this  question  be  in  the  negative,  is  one  obliged  to  communicate  by 
letter  with  the  Prefect  of  the  Penitentiary  with  regard  to  all  cases  reserved 
to  the  Pope,  if  the  bishop  has  not  a  special  Indult  (the  hour  of  death  ex- 
cepted), in  order  to  receive  the  faculty  to  absolve?  To  these  questions  the 
above-named  Congregation  returned  the  following  answer  sanctioned  and 
confirmed  by  the  Pope  (30  June,  1886)  :  Ad  I.    With  regard  to  the  practice 


ABSOLUTION    OF    RESERVED    SINS  343 

But  the  confessor  can  also  apply  to  the  Superior  and  from  him 
obtain  powers  for  this  special  case  to  absolve  the  penitent  from 
the  reserved  sin;  this  must,  of  course,  be  clone  with  the  most 
careful  and  strict  observance  of  the  secrecy  of  the  confessional. 
Indeed,  it  is  highly  to  be  recommended  in  our  days  that  the 
confessor  should  not  refer  the  penitent  to  the  Superior  or  to 
another  priest  with  the  requisite  powers,  but  should  rather  him- 
self procure  from  the  Superior  the  necessary  powers  to  absolve 
the  penitent,  even  when  the  latter  has  no  long  or  difficult 
journey  to  make  in  order  to  reach  the  Superior.  For,  if  the  peni- 
tent goes  himself,  the  duty  of  confessing  his  sins  again  is  incum- 
bent upon  him,  and  to  confess  such  a  sin  again  requires  from  most 
penitents  great  self-command:    and  there  would  be  fear  of  his 

of  the  Sacred  Penitentiary,  especially  since  the  appearance  of  the  apostolical 
constitution  of  Pius  IX  which  begins  with  the  words  "  Apostolicce  Sedi  ," 
Negative.  Ad  II.  Affirmative:  but  in  the  really  more  urgent  cases  in  which 
the  absolution  cannot  be  deferred  without  danger  of  great  scandal  or  dis- 
grace, as  to  which  the  confessor  is  answerable  to  his  own  conscience,  the 
absolution  can  be  administered,  injunctis  de  jure  jungendis,  also  from  the 
censure  .</»ri<ili  modo  reserved  to  the  Pope;  under  pain,  however,  of  "reinci- 
dence  "  in  the  same  censures  (that  is,  under  pain  of  again  incurring  the  cen- 
sures) if  the  person  absolved  does  not,  at  least  within  a  month,  ami  through 
the  confessor,  apply  to  the  Holy  See.  (Linzer  Theolog.  prakt.  Quartalschrift, 
1887,  S.  380.  See  Lehmkuhl,  1.  c.  n.  410;  Miiller,  1.  c.  §  145;  Bucceroni, 
Enchirid.  Morale  et  Supplementum.  Compendio  Theol.  Mor.;  Gury-Ballerini, 
Commentar.  IV.  p.  "224  ss.;  Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  II.  n.  664, 
Nota  p.  356;  Aertnys,  1.  c.  De  Censuris,  n.  27.)  On  this  Lehmkuhl 
remarks :  "  The  rule  laid  down  by  the  Apostolic  See  is  clear.  It  does  not 
distinguish  between  reserved  cases  with  censure  and  without  censure,  and  to 
follow  it  is  now  everywhere  allowed,  without  waiting  for  a  further  promul- 
gation, in  all  Papal  reserved  cases ;  indeed  it  seems  to  be  becoming  a  general 
rule."  (L.  c.  n.  413.)  Ballerini  adds  the  remark:  Ergo  (1)  urgente  ratio- 
nabili  causa,  quilibet  confessarius  absolvit  a  censura,  censura  autem  <ihs<>I uti<>  mm 
est  nisi  din  ciii :  cessante  autem  censura  c<  ssat  reservatio  peccati,  a  quo  proinde 
Confessarius  directe  absolvit.  Absolutio  proinde,  quos  in  casibus  urgentibus  di- 
fi  rri  nun  "posse  dicitur,  est  absolutio  directa.  Jam  vero  vides  (2)  heic  tie  absolu~ 
done  indirecta  a  peccatis  reservatis,  quia  in  casibus  urgentioribus  succurri  potest 
necessitati  panitentis  ne  verbumquidem  fieri :  Nimirum  cum  necessitati  poznitentis 
succurrendum  est,  absolutionem  directam  a  reservatis  dandam  esse  et  hum-  esse 
Ecclesia,  sensum  supposuerunt  Patres. 


344  THE    MINISTER    OF    THE    SACRAMENT 

changing  his  mind  and  not  going  to  the  Superior  at  all.  Let  the 
confessor,  therefore,  regard  it  as  a  duty  of  charity,133  which  in 
most  cases  he  must  undertake  for  his  penitent,  to  obtain  from 
the  lawful  Superior  the  necessary  power  to  absolve  from  the  sin 
or  censure  confessed  to  him.  But  if  it  is  a  question  of  Papal 
reserves,  and  if  the  confessor,  in  a  case  of  really  urgent  necessity, 
has  given  absolution,  he  must,  in  the  name  of  the  person  ab- 
solved, apply  by  letter  to  Rome,  in  order  that  the  matter  may 
be  finally  set  in  order.  If  the  Superior  refuses  " unjustly"  to 
grant  the  faculties  for  a  reserved  sin,  such  refusal  is  unlawful; 
indeed,  he  sins  if,  without  any  valid  reason,  he  makes  difficulties 
about  imparting  the  faculty,  and  when  great  detriment  to  the 
subject  is  to  be  feared  from  the  refusal,  he  sins  against  charity 
and  justice.  But  if  the  penitent  could  without  difficulty  con- 
fess to  a  delegated  priest,  and  if  there  were  lawful  ground 136  for 
obliging  the  subject  to  confess  to  the  Superior,  the  Superior 
could  without  doing  wrong  refuse  the  faculty.  As  a  general  rule 
it  is  to  be  observed :  that  the  confessor  who  seeks  faculties  for 
the  absolution  of  reserved  cases,  and  the  Superior  who  imparts 
them,  should  be  guided  only  by  consideration  for  the  greater 
welfare  of  the  soul  of  the  penitent;  all  vain,  unworthy  motives 
should  be  out  of  question.137  In  case  of  refusal  of  faculties  for 
absolving,  another  confessor  cannot  directly  absolve  from  the 
reserved  sin.138 

In  requesting  power  to  absolve  from  reserved  sins,  the  name 
of  the  penitent,  his  character,  position,  or  parentage  must  not 
be  mentioned,  and  everything  must  be  avoided  that  might  be- 
tray him.     Without  naming  the  person  the  reserved  sin  is  indi- 

135  Cf.  S.  Alph.  Lib.  VI.  n.  584,  Praxis  Confess,  n.  80.  But  see  Ballerini 
on  this  point.     Op.  Theol.  Mor.  1.  c.  op.  II.  n.  664. 

136  Lugo,  1.  c. ;  Ballerini,  1.  c.  n.  694. 

137  Cf.  S.  Alph.  Lib.  VI.  n.  586 ;  II.  A.  n.  134. 

138  Laymann,L.V.Tr.6,c.l3;  Lugo,  Disp.  29,  nn.  188  et  20,  n.  141 ;  Suarez, 
De  Po?n.  Disp.  30,  s.  4,  n.  8;  Busenbaum,  1.  c.  n.  105;  Ballerini,  Op.  Theol. 
Mor.  1.  c.  cp.  II.  nn.  688,  689. 


ABSOLUTION    OF    RESERVED    SINS  345 

cated,  or  else  the  number  only  which  the  sin  in  question  bears 

on  the  official  list  of  reserved  cases,  followed  by  the  request  for 
faculties  to  absolve.  Instead  of  this,  one  can,  for  the  special  case, 
request  the  power  to  absolve  from  all  the  reserved  sins  among 
which  the  one  in  question  is  contained.  The  instructions  given 
by  the  Superior  upon  application  are  to  be  accurately  followed; 
the  document  containing  them  is  to  be  carefully  sealed  and  after- 
wards burnt.  The  priest  who  dispatches  it,  of  course,  gives  his 
name  and  address,  writing  on  the  envelope  the  superscription 
"Pro  foro  intemo."  The  envelope,  with  the  request  thus  sealed, 
is  inclosed  in  a  second  envelope,  which  must  likewise  be  sealed, 
and  this  one  is  addressed  to  the  Ordinary  or  vicar-general.139 

In  order  that  the  object  of  the  reservations  may  be  attained, 
the  Superior  and  his  delegate  must  admonish  the  penitent  with 
greater  earnestness,  impose  a  more  severe  penance  than  ordi- 
nary upon  him,  and  prescribe  special  remedies,  in  order  that  he 
may  be  preserved  from  relapse. 

To  the  above  we  add :  — 

1.  The  difference  between  direct  and  simply  indirect  absolu- 
tion is  the  following:  he  who  is  only  indirectly  absolved  cannot 
as  he  pleases  receive  holy  communion  or  say  Mass  (at  least  not 
when  he  remains  under  the  censure),  but  only  when,  in  individ- 
ual cases,  there  is  urgent  necessity  for  the  reception  of  commun- 
ion or  for  saying  Mass. 

2.  The  duty  of  appearing  before  the  Superior  is  undoubtedly 
binding  under  grave  sin;  and  when  it  is  a  question  of  a  censure 
from  which  one  has  been  absolved  with  the  obligation  of  pre- 
senting himself  before  the  Superior  the  duty  remains  in  force, 
under  pain  of  falling  again  under  the  same  censure. 

3.  When  there  is  question  of  the  duty  of  applying  to  the  Pope, 
the  Sacred  Penitentiary,  or  the  Cardinal  Grand  Penitentiary  is 
understood,  as  this  tribunal  acts  instead  of  the  Pope  in  matters 

139  Schneider,  Manuale  Sacerdotum  contains  formularies  for  the  request. 


846  THE    MINISTER    OF    THE    SACRAMENT 

of  conscience,  after  the  manner  of  a  munus  perpetuum,  the  Pope 
being  neither  accustomed  to,  nor  able  personally  to,  receive  all 
petitions. 

4.  "Casus  urgentiores,  in  quibus  absolutio  differri  nequit  absque 
periculo  gravis  scandali  vel  inf amice"  are  the  following :  (a)  when 
the  penitent  cannot  stay  away  from  holy  communion  or,  as  the 
case  may  be,  omit  the  celebration  of  holy  Mass,  without  causing 
scandal,  or  without  giving  rise  to  grave  suspicion  against  him- 
self; (6)  when  the  duty  of  yearly  confession  is  to  be  fulfilled,  or 
when  the  penitent  would  otherwise  remain  a  long  time  in  grave 
sin.140 

5.  According  to  the  teaching  of  St.  Alphonsus,141  the  follow- 
ing persons  are  considered  as  prevented,  or,  as  the  case  may  be, 
exempted  forever,  from  going  to  Rome :  (a)  those  who  are  not 
able  of  their  own  right  to  undertake  a  journey  to  Rome; 
(6)  those  who  are  too  poor  to  provide  the  requisites  for  such 
a  journey;  and  (c)  those  who  are  in  weak  health,  and  unequal 
to  the  exertions  of  the  journey.  It  is  true  traveling  conditions 
are  different  now,  and  the  obstacles  which  St.  Alphonsus  con- 
sidered valid  in  his  day  can  no  longer  be  allowed  to  hold  alto- 
gether good,  but  it  is  easy  to  gather  from  what  the  holy  Doctor142 
says  upon  the  point  when  an  obstacle  may  still  be  regarded  as 
legitimate.  Accordingly,  the  following  are  to  be  considered  as 
laboring  under  a  perpetual  impediment  of  appearing  before  this 
Superior  for  absolution,  always  with  the  understanding  that 
their  circumstances  remain  unchanged  for  a  period  of  five  years 
or  more :  (a)  children  who  are  still  under  paternal  authority ; 
(6)  members  of  Religious  Orders  (except  when  they  have  been 
guilty  of  some  extraordinarily  grave  crime) ;  (c)  old  people  of 
more  than  sixty  years;  (d)  those  who  are  in  the  position  of 
servants  or  in  similar  situations;  (e)  poor  persons,  who  are  not 
accustomed   to  gain   their  maintenance  by  begging;    (/)    pris- 

140  S.  Alph.  1.  c.  n.  584.  *«  Lib.  VII.  n.  88. 

142  Cf.  Mazzotta,  De  Poenit.  Q.  3,  c.  3,  §  1. 


ABSOLUTION    OF    RESERVED    SINS  :>47 

oners;  (g)  sick  persons  and  weak  persons;  (h)  those  who  hold 
a  public  office1,  or  provide  for  a  family,  and  cannot  be  replaced 
by  a  substitute;  (i)  women,  except  those  who,  in  a  special  case, 
have  incurred  a  reserved  censure,  as,  for  instance,  the  violation 
of  the  inclosure,  in  which  case  application  by  letter  must  always 
be  made  to  the  Pope;  (k)  those  not  of  age;  and,  finally,  (/)  all 
those  who  cannot  undertake  this  journey  without  great  moral 
or  bodily  harm,  either  to  themselves  or  to  those  belonging  to 
them.  The  questions  as  to  whether  one  who  has  committed 
reserved  sins  must,  in  the  absence  of  an  authorized  confessor, 
confess  to  a  simple  one,  in  the  case  of  his  having  to  say  Mass  or 
communicate,  or  whether  it  suffices  to  elicit  contrition,  —  and 
whether  the  penitent  who  has  committed  both  reserved  and  un- 
reserved sins  must  accuse  himself  in  the  confessional  of  the  re- 
served sins  as-  well,  —  formerly  discussed  by  theologians,  are 
solved  by  present  usage.  As  the  penitent  under  existing  legis- 
lation can  be  directty  absolved  from  censures  and  sins  (though 
with  the  duty  of  applying  to  the  Roman  tribunal),  the  rule 
now  is  that  the  penitent  must  immediately  confess  all  his 
sins.143 

IV.  In  the  hour  of  death  every  reservation  ceases,  and  any 
confessor  may  then  administer  absolution.  And  a  simple,  that 
is,  unauthorized,  confessor,  can  absolve  a  penitent  in  articulo 
mortis  from  reserved  sins  even  when  the  Superior  is  present  or 
is  easily  accessible,  since  the  Council  of  Trent  has  expressly  de- 
clared that  in  articulo  mortis  there  is  no  reservation.  Moreover, 
no  obligation  must  be  imposed  upon  the  dying  person  in  case  of 
his  restoration  to  health,  unless  perhaps  he  should  owe  to  some 
other  person  a  debt  of  satisfaction  or  restitution.  If,  however, 
it  is  a  question  of  reserved  censures,  the  confessor  who  possesses 
no  power  to  absolve  from  these  must  impose  the  duty,  in  case 
of  recovery,  of  appearing  before  the  Superior;  in  this  case  it 

143  See  Ballermi,  Opus  Theol.  Mor.  1.  c.  cp.  II.  n.  GG7  ss. ;  S.  Alph.  Lib. 
VI.  n.  265, 


348  THE    MINISTER     OF    THE    SACRAMENT 

would,  of  course,  be  advisable  to  set  the  matter  in  order  at  once 
with  the  Superior  if  he  be  present  or  easily  accessible. 

With  regard  to  the  absolution  of  reserved  cases  the  following 
questions  remain  to  be  discussed :  — 

1.  Is  the  reservation  of  sins  removed  by  an  invalid  absolu- 
tion which  the  Superior,  or  a  priest  authorized  by  him,  has 
administered?  In  answering  this  question  theologians  set  up 
the  following  distinctions:  (a)  If  the  absolution  was  invalid 
without  fault  on  the  part  of  the  penitent,  and  if  the  latter  con- 
fessed all  his  reserved  sins,  the  reservation  is  removed  according 
to  the  usual,  and  intrinsically  well-founded,  opinion  of  theolo- 
gians: in  this  case  the  penitent  has  fulfilled  the  object  of  the 
reservation  if  not  that  of  the  Sacrament,  by  submitting  the  re- 
served sins  to  the  judgment  of  the  Superior,  or,  as  the  case  may 
be,  of  the  authorized  priest.  (6)  And  even  if  the  confession 
were  sacrilegious,  the  reservation  is,  according  to  the  not  im- 
probable teaching  of  many  theologians,  removed,  and  that  on 
the  ground  just  alleged.  This  teaching,  however,  cannot  be 
extended  to  the  confessor  who  absolves  from  reserved  sins  vir- 
tute  jubilcei,  as,  at  the  time  of  a  Jubilee  indulgence,  the  confessor 
does  not  possess  the  faculty  to  absolve  all  penitents  from 
reserved  cases,  but  only  the  vere  pocnitentes,  who  wish  to  gain 
the  Jubilee  indulgence;  but  those  who,  of  their  own  fault,  make 
the  confession  invalid,  are  certainly  not  of  that  class. 

2.  When  the  penitent  through  forgetfulness  has  omitted  to 
confess  a  reserved  sin,  the  reservation  is  removed,  according  to 
an  opinion  which  St.  Alphonsus,  following  Lugo,  characterized 
as  the  most  common  among  theologians  and  as  probable,  so  that 
any  confessor  could,  afterwards,  directly  absolve  from  these  re- 
served sins,  and  this  is  presumed  to  be  the  intention  of  the  Supe- 
rior as  regards  the  properly  disposed  penitent.  On  the  other 
hand,  not  a  few  theologians,  among  them  Suarez,144  teach  that 

144  Disp.  31,  Sect.  4,  n.  14,  et  seq.  and  n.  16. 


ABSOLUTION    OF   RESERVED    SINS  349 

in  the  above  case  the  reservation  is  not  removed,  and  St. 
Alphonsus  designates  this  opinion  as  the  more  probable,  and  for 
the  very  strong  reason  that  (as  he  says)  a  reservation  is  only 
removed  by  being  submitted  to  the  judgment  of  the  Superior, 
in  order  that  the  object  of  the  reservation  may  be  attained. 
This  latter  opinion  certainly  deserves  the  preference  in  view  of 
tin"  argument  alleged;  but  the  following  cases  are  excepted: 
(1)  when  one  may  assume  from  any  positive  sign  that  the  Supe- 
rior wished  to  remove  the  reservation;  (2)  when  the  penitent 
went  to  the  Superior  or  to  an  authorized  priest  for  the  purpose 
of  being  absolved  from  all  reserved  sins,  and  declared  this  wish 
to  the  confessor;  (3)  when  a  privilege  was  granted  in  favor  of 
the  penitent,  such  as  either  expires  with  an  official  act,  or  is 
limited  to  a  definite  period,  as,  for  example,  at  Jubilee  time. 
To  these  Suarez  adds  a  fourth  exception  —  when  (4)  the  reser- 
vation refers  only  to  the  censure,  "because  in  order  to  absolve 
from  a  censure,  it  is  not  necessary  per  se  et  directe,  to  know  the 
matter  in  question  accurately  in  detail,  but  the  general  inten- 
tion of  absolving  from  all  sins,  reserved  included,  to  the  extent 
of  the  confessor's  power  and  the  penitent's  necessity  is  sufficient 
for  the  purpose.145  But  if  the  penitent  has,  through  his  own 
fault,  failed  to  confess  the  reserved  sin,  the  reservation  is  cer- 
tainly not  removed,  as  one  cannot  here  assume  that  the  Superior 
annuls  it.146 

3.  It  is  not  allowed  to  absolve  a  penitent  only  from  the 
reserved  sins  and  for  the  rest  to  send  him  to  another  con- 
fessor.    Nothing  can  justify  such  a  proceeding.147 

4.  If  a  penitent  has  confessed  a  sin  as  to  the  reservation  of 
which  a  doubt  exists,  the  latter  is  directly  absolved  by  the  abso- 

145  Suarez,  1.  c. ;  Gury,  Ed.  Ratisb.  II.  n.  581,  Nota? ;  Aertnys,  1.  c.  n.  244, 
Q.  II. 

146  Cf.  Opus  Theol.  Mor.  1.  c.  n.  753  as.;  Gury-Ballerini,  II.  n.  581,  Q.  10, 
et  Vindiciae  Alphons.  pp.  572-578. 

147  Cf.  Prop.  59  damn,  ab  Innoc.  XI;  S.  Alph.  Lib.  VI.  n.  595;  Ballerini, 
Op.  Theol.  Mor.  1.  c.  n.  713. 


350  THE    MINISTER    OF    THE    SACRAMENT 

lution  administered  by  a  simple  confessor.  This  need  not  be 
afterwards  confessed  if  it  should  prove  that  the  sin  was  undoubt- 
edly reserved.148 

5.  A  confessor  has  applied  for  powers  to  absolve  the  penitent 
from  reserved  sins;  in  the  meantime,  however,  after  these  pow- 
ers have  been  granted,  and  before  they  have  been  exercised,  the 
penitent  has  again  committed  the  reserved  sin  or  committed  it 
several  times,  or  committed  other  reserved  sins  —  do  the  powers 
applied  for  suffice  in  order  to  be  able  to  absolve?  If  the  powers 
are  conferred  in  a  general  way,  say  in  the  following  or  a  similar 
manner :  "  Facultatem  tibi  concedimus  pa-nitentem  hac  vice  absol- 
vendi  a  reservatis,"  the  confessor  can,  according  to  a  very  prob- 
able and  general  opinion,  absolve  the  penitent  from  all  reserved 
sins  committed  before  and  after;  only  the  interval  between  the 
powers  conferred  and  the  new  reserved  sins  incurred  must  be 
no  longer  than  one  month,  and  the  powers  must  not  have  been 
conferred  on  account  of  a  festival  which  is  already  past.  If, 
however,  the  faculties  have  been  conferred  for  a  definite  class 
of  reserved  sins  only  without  specifying  the  number,  these  fac- 
ulties suffice  to  absolve  the  penitent  (but  only  to  absolve  him 
once)  from  all  cases  of  this  kind.149 

»8  S.  Alph.  Lib.  VI.  n.  600,  Q.  2;    Gury,  II.  n.  581,  Q.  II. 
149  S.  Alph.  Lib.  VI.  n.  601;  Scavini,  Tract.  X.  Adnotationes,  236.     Cf. 
Bucceroni,  Jan.  Commentarii  De  Casibus  reservatis,  Romae,  1889. 


CHAPTER  III 

ABUSE    OF    POWER    BY   THE    MINISTER   OF   THE    SACRAMENT 

An  exalted,  indeed  a  divine,  power  has  God  conferred  upon 
priests,  in  authorizing  them,  as  judges  of  souls  in  His  stead,  to 
remit  or  to  retain  sins.  This  power  has  been  conferred  upon 
them  for  the  salvation  and  welfare  of  souls.  It  is,  therefore, 
greatly  to  be  regretted  that  we  must  here  speak  of  an  abuse  of 
this  power.  The  Church  has,  alas!  found  herself  obliged  to 
adopt  severe  measures  against  this  abuse,  in  order  to  prevent  it, 
but  in  her  severity  she  shows  her  zeal  for  the  faithful,  and  proves 
herself  the  faithful  dispenser  of  the  Mysteries  of  Christ.  There 
are  three  ways  in  which  the  priest  may  abuse  his  power  in  the 
Sacrament  of  Penance. 

45.   Inquiring  after  the  Name  of  the  Accomplice  in  Sin. 

In  a  former  paragraph  (§  27)  we  have  laid  down  that  it  may 
be  permissible  to  reveal  indirectly  the  accomplice  of  the  sin 
(complex  peccati)  in  so  far  as  the  complete  confession  of  one's 
own  sin  may  render  this  avowal  necessary,  and  that,  accord- 
ingly, the  confessor  is  also  allowed,  in  order  to  make  the  peni- 
tent's confession  entire,  to  ask  the  circumstances  which  alter 
the  nature  of  the  sin,  or  to  put  questions  which  are  necessary 
in  order  to  provide  the  better  for  the  penitent's  spiritual  wel- 
fare, questions  through  which  the  complex  peccati  might  also 
become  known  to  the  confessor.  Here  we  treat  of  a  totally 
different  case,  viz.  the  illicit  attempt  of  detecting  the  name  of 
the  complex  peccati  without  necessity,  and  of  demanding  its 
revelation  under  threat  of  refusing  absolution. 

351 


352  THE    MINISTER    OF    THE    SACRAMENT 

On  this  point  Benedict  XIV  issued  several  constitutions  15° 
which  Pius  IX  confirmed  in  his  Constitution  "  Apostolicce  Sedis" 
(see  §  43,  p.  326).  The  motives  of  the  legislation  are  stated 
thus:  many  confessors,  led  astray  by  false  zeal,  have  intro- 
duced a  perverse  and  pernicious  practice  in  hearing  the  confes- 
sions of  the  faithful  .  .  .  that  when  penitents  come  to  them 
who  had  an  accomplice  in  their  sin,  they  ask  these  penitents 
indiscriminately  for  the  name  of  the  accomplice.  Nor  do  they 
do  this  in  a  kindly  manner,  by  advice;  but  they  force  and  com- 
pel them  to  reveal  the  name  by  threats  of  refusing  absolution; 
indeed,  not  content  with  this,  they  even  go  so  far  as  to 
demand  from  their  penitents  that  they  should  mention  the  dwell- 
ing-place of  the  accomplice.  This  absolutely  intolerable  impru- 
dence they  justify  by  the  pretext  of  care  for  the  amendment  of 
the  accomplice,  and  do  not  hesitate  to  defend  it  by  certain 
opinions  borrowed  from  theologians,  whereas  they  only  falsely 
apply  true  and  sound  teachings  to  their  own  and  their  penitent's 
ruin,  and,  moreover,  are  guilty  before  God,  the  eternal  Judge, 
of  many  and  great  evils  which  follow  from  their  work,  as  they 
should  easily  have  apprehended.  Nor  could  malicious  talk  and 
scandal  fail  to  arise  from  this  conduct,  nor  any  other  result  be 
expected  than  that  not  only  the  dispensers  of  the  Sacrament, 
but  the  sacred  Ministry  itself,  become  odious,  and  the  faithful 
perplexed. 
In  the  second  constitution  the  Pope  decrees :  — 
1.  The  excommunication  lake  sententioc,  which  is  reserved  to 
the  Pope,  against  all  who  in  future  presume  to  teach  that  this 
practice  is  allowed,  and  against  all  who  orally  or  in  writing  dare 
to  defend  it,  or  attack,  or  presumptuously  expound  otherwise, 

150  In  the  first  constitution  addressed  ad  Episcopos  Lusitanice,  the  Pope  de- 
scribes and  condemns  the  crime  of  inquiring  after  the  name  of  the  complex ; 
in  the  second,  addressed  to  the  same  bishops,  he  decrees  the  punishment  for 
the  transgressors  of  the  command,  and  prescribes  the  Ordo  procedendi  against 
them;  in  the  third  constitution  he  extends  the  two  former  decrees  to  the 
whole  Church. 


INQUIRING    AFTER     SAME    OF    ACCOMPLICE    IN    SIN     353 

or   distort,   what  was  said  against   this  practice  in   the   first 
Brief. 

2.  The  suspension  from  hearing  confessions  ferendce  sentential, 
and  other  heavy  penalties  against  those  who,  after  the  manner  of 
the  above-described  and  condemned  practice,  dare  to  ask  peni- 
tents the  name  of  the  complex  peccati,  or  the  dwelling-place,  or 
other  circumstances  imparting  a  closer  or  more  individual  des- 
ignation of  this  complex,  threatening  at  the  same  time  the  refusal 
of  the  sacramental  absolution  to  the  penitent  who  refuses  to 
give  information  on  these  points. 

< 

3.  The  Sacred  Office  was  advised  rigorously  to  proceed 
against  those  who  taught  that  this  practice  was  allowed,  de- 
fended it,  etc.  (as  above  indicated),  and  against  the  confessors 
who  applied  this  pernicious  teaching,  when  their  conduct  excited 
suspicion  that  they  adhered  to  the  false  doctrine.  The  Pope, 
therefore,  laid  upon  all  (except  the  penitents  in  propria  causa) 
who  knew  that  a  confessor  was  guilty  of  this  teaching,  or  of  prac- 
tices which  excited  suspicion — an  obligation  of  bringing  the  mat- 
ter before  the  notice  of  the  Sacred  Office  within  a  month  (under 
pain  of  excommunication,  which  is  now,  however,  removed).151 

The  Constitutions  of  Benedict  XIV,  however,  as  is  clear  from 
the  foregoing,  are  leveled  against  the  practice  of  asking  peni- 
tents, passim,  indiscriminately,  who  have  an  accomplice  in  their 
sin,  for  the  name  of  the  accomplice.  The  prohibition  is,  there- 
fore, not  an  absolute  one,  for  there  may  be  circumstances  in 
which  it  is  allowed  to  demand  from  the  penitent  even  under 
threat  of  withholding  absolution,  the  naming  of  the  partner  in 
sin.  This  is  the  case  when  the  confessor  holds  at  the  same  time 
another  office,  such  as  that  of  a  Superior,  by  virtue  of  which  he 
can  oblige  the  penitent  to  reveal  to  him  the  authors  and  accom- 
plices of  the  sin,  in  order  to  punish  them  as  pernicious  to  the 
general  weal.     If  this  is  the  case,  the  confessor  does  not  ask  for 

151  Cf.  Gury-Ballerini,  II.  n.  500,  Notae. 


354  THE    MINISTER    OF    THE    SACRAMENT 

the  name  of  the  accomplice  as  confessor  but  as  Superior,  and  as 
Superior  he  rightfully  demands  to  know  who  the  accomplice  is. 
When,  again,  the  confessor  sees  that  by  the  concealment  of 
the  partner  in  guilt  there  would  arise  grave  evil  which  the  peni- 
tent is  bound  to  prevent,  the  latter  must,  out  of  regard  for  the 
general  welfare,  make  known  the  accomplice  in  his  sin  to  the 
proper  person;  but  if  the  confessor  is  at  once  convinced  that 
the  penitent  cannot  himself  communicate  it  directly  to  the  Su- 
perior, and  also  that  he  has  no  other  more  suitable  person  through 
whom  he  could  do  so  than  the  confessor  himself,  the  penitent  is 
bound  to  accept  this  sole  remaining  expedient,  and  inform  the 
confessor  of  the  accomplice,  and  the  confessor  may  force  him  to 
do  so  under  pain  of  withholding  absolution;  for,  if  the  peni- 
tent were  not  willing  to  obey,  he  would  not  be  worthy  to  receive 
absolution.  "However,"  Lugo  warns  us,  "the  confessor  must 
proceed  in  this  matter  with  great  caution,  that  scandal  may  not 
arise  in  making  use  of  information  obtained  in  the  confessional. 
It  is,  therefore,  better  to  request  the  penitent  to  speak  to  him 
upon  the  subject  outside  the  confessional."  Indeed,  it  is  neces- 
sary to  require  that  the  information  should  not  be  given  him 
under  the  seal  of  the  confessional.152 

46.   The  Absolution  of  the  Complex  in  Peccato  Turpi. 

To  preserve  the  sanctity  of  the  institution  of  Penance,  to  pro- 
tect the  Sacraments  from  contempt,  and  save  souls  from  ruin,  the 
Church  has  laid  down  the  following  very  salutary  regulations : 153 

152  Lugo,  Disput.  16,  rm.  432  sq. ;  Ballerini,  Not.  ad  Gury,  II.  n.  502  ;  Lehm- 
kuhl,  1.  c.  n.  340;  Aertnys,  1.  c.  248,  Q.  I  and  II.  Although  St.  Alphonsus 
(Lib.  VI.  n.  492)  admits  that  the  penitent  is  sometimes  obliged  to  make 
known  the  complex  in  order  to  avert  a  great  evil,  yet  he  dares  not  maintain, 
in  view  of  the  strict  prohibition  of  the  Pope,  that  the  confessor  is  ever 
allowed  to  ask  the  name  of  the  complex.  He  has  not  sufficiently  considered 
the  word  passim  —  and  the  other  words,  doctrinas  veras  et  sanas  male  appli- 
cawlo  —  in  the  constitution  of  Benedict. 

153  Constit.  Benedicti  XI V,  "  Sacramentum  Poenit.,"  1  June,  1741,  et  Const. 
"  Apostolici  muneris,"  8  Feb.,  1745;  Constit.  Pii  IX,  "  Apostolicas  Sedis,"  12 


ABSOLUTION    OF    THE    COMPLEX    IN    PECCATO    TURPI     355 

I.  No  priest,  whether  secular  or  regular,  possesses  jurisdiction 
over  his  complex  in  peccato  turpi  against  the  sixth  commandment, 
till  another  confessor  has  absolved  the  complex  from  this  sin. 

According  to  this,  jurisdiction  is  withdrawn  from  the  confessor 
only  in  respect  to  the  sin  against  the  sixth  commandment  which 
he  himself  has  committed  with  the  penitent.154  Nevertheless, 
this  withdrawal  of  jurisdiction  has  also  the  effect  that  he  cannot 
validly  absolve  from  other  mortal  sins  which  the  penitent 
(complex)  confessed  at  the  same  time  with  that  sin.  For  the 
Pope  has  declared  absolutely  invalid  and  void  the  absolution 
administered  by  a  priest  who  possesses  no  jurisdiction  over 
such  a  sin  and  such  a  penitent.155  But  after  the  sin  of  the 
complex  hag  been  remitted  by  another  priest,  the  jurisdiction 
of  the  unhappy  priest  over  this  penitent  revives,  even  with  re- 
spect to  this  directly  remitted  sin.  The  Sacerdos  complex  could, 
therefore,  afterwards  absolve  his  complex  from  sins  which  the 
latter  had  subsequently  committed  -  -  not  with  him.  Such  a 
proceeding  is,  however,  to  be  discouraged,  for  the  sense  of  shame 
is  thereby  lost,  the  reverence  due  to  the  Sacrament  dies  away, 
and  the  danger  of  relapse,  or,  at  least,  of  great  temptation,  is 
imminent.  Such  unhappy  penitents  must,  therefore,  be  ad- 
monished never  more  to  confess  to  the  confesmrius  complex.156 
But  what  is  the  confessarius  complex  to  do  if  the  penitent  again 
confesses  that  sin  in  which  the  confessor  has  been  complex, 
although  it  has  already  been  remitted  by  another  confessor? 
If  lie  only  confessed  this  sin,  the  case  would  be  just  as  if  a  peni- 
tent confessed  a  reserved  sin  only  to  a  priest  not  empowered 
for  reserved  sins;    the  latter  could  not  absolve,  because  there 

Oct.,  18fif).     Cf.  Bucceroni,  Jan.  Commentarius  in  Constitutionem  Benedicti 
XrV,  "Sacram.  Pcenit.,"  Romse,  1888;  Pars  altera.  \>]>.  106-1  11. 

154  Cf.  Declar.  S.  Poenitent.  16  May,  1877. 

155  Cf.  Constit.  "Sacramentum  Pcenitentia\"  1  June,  1711,  Benedicti  XIV. 

156  St.  Thomas,  Supplem.  Q.  20,  Art.  2,  ad  1 ;  S.  Alph.  Lib.  VI.  n.  555.  Cf. 
Gury-Ballerini,  Notse  ad  587;  Gury,  Edit.  Ratisb.  Nota;  ad  n.  587  ;  Aertnys, 
1.  c.  n.  249. 


356  THE    MINISTER    OF    THE    SACRAMENT 

would  be  (for  him)  no  proper  materia  sacramenti.™  But  if  the 
penitent  (complex)  confessed  other  sins  (in  addition  to  that  in 
which  the  confessor  had  been  his  complex)  absolution  could  be 
given,158  since  a  priest  who  is  not  authorized  for  reserved  sins  can 
administer  absolution  when  reserved  and  unreserved  sins  have 
been  confessed.  But  then  the  absolution  is,  both  by  the  nature 
of  the  case  and  the  intention  of  the  person  absolving,  applied  to 
the  unreserved  sins  only.  There  is,  moreover,  a  great  difference 
between  the  two  cases,  —  the  confession  of  the  sin  in  which  the 
confessor  was  an  accomplice,  and  the  confession  of  reserved  and 
unreserved  sins,  —  namely,  that  to  absolve  a  penitent  who  has 
confessed  reserved  and  unreserved  sins,  a  causa  ab  integritate 
confessionis  excusans  must  be  present,  whereas  no  such  reason 
is  here  necessary  in  order  to  submit  again  to  the  power  of  the 
keys  a  sin  already  remitted.159 

In  some  dioceses  it  was  de  jure  particular!  forbidden  that  a 
priest  should  ever  hear  the  confession  of  a  complex,  saltern  copula 
consummata.  This  prohibition,  however,  the  S.  Congr.  Concil. 
repeatedly  rejected,  and  when  the  resolutions  of  a  synod  con- 
taining such  a  prohibition  were  submitted  to  it  the  Congrega- 
tion returned  the  answer :  Tale  decretum  deleatur,  although  the 
defenders  of  the  decree  adduced  much  in  its  justification,  and 
emphatically  denied  the  danger  of  scandal  which  many  main- 
tained would  easily  arise  in  little  places.  Thus,  most  wisely  did 
the  Congregation  curb  undue  zeal.160 

But  here  another  and  much  more  difficult  question  forces  itself 
upon  us:  What  is  to  be  done,  si  alicubi  mulier,  quoe  misere  in 
ejusmodi  peccatum  cum  sacerdote  lapsa  fuerit,  nullum  alium,  quo- 

157  Cum  jurisdictionem  in  Mud  crimen  nullam  sacerdos  complex  habeat.  Bal- 
lerini,  Op.  Theol.  Mor.  1.  c. 

158  jVon  Jialtita  ratione  peccati  illius  {in  quo  complex  fuit)  cujus  confessio  id 
quid  impertinent  consideranda  erit.  Ballerini,  Opus  Theol.  Mor.  1.  c.  cp.  II.  De 
absolut.  complicis.  n.  648. 

159  Ballerini,  Xota>  ad  Gary,  1.  c. 

160  Cf.  Ballerini,  Opus  Theol.  Mor.  1.  c.  cp.  II.  De  ahsol.  compl.  n.  654. 


All  SOLUTION    OF    THE    COMPLEX    IN    PECCATO    TURPI     357 

cum  peccatum  Mud  mcramentaliter  confiteatur,  sacerdotem  ibi 
habeat,  but  the  circumstances  of  the  person  and  of  the  place,  etc., 
are  such  that  she  cannot  go  elsewhere  to  confess  to  another  con- 
fessor, and  there  is  no  hope  of  her  being  able  to  confess  to  another 
priest  at  the  place  in  question  (at  a  mission,  for  example).  Bal- 
lerini  declares  that  it  was  not  the  intention  of  Benedict  XIV, 
when  he  gave  his  Constitution,  that  such  persons,  in  the  above 
circumstances,  should  be  deprived  of  the  Sacraments  of  the 
Church  their  whole  life,  till  in  the  hour  of  their  death  they  could 
at  last  be  absolved  a  sacerdote  peccali  complice.  And  might  not 
such  a  person  die  suddenly  without  illness  preceding?  What 
then  is  she  to  do  when  the  time  for  the  yearly  confession  and 
Easter  communion  has  come  ?  May  we  say  that  she  can  always 
receive  holy  communion  with  contritio  alone,  indeed,  that  she 
must  receive  it  ?  And  what  if  scandal  arises  among  the  people, 
and  the  woman  loses  her  good  reputation  by  its  becoming 
known  that  she  has  not  received  holy  communion  for  several 
years?  If  any  one  objects  that,  in  this  extremity,  such  a  peni- 
tent might  be  proceeded  with  exactly  as  if  she  had  a  reserved 
sin  to  confess,  and,  therefore,  omitting  that  sin  (over  which  the 
confessor  has  no  jurisdiction),  the  other  sins  could  be  submitted 
to  absolution,  by  which  that  sin  also  would  be  indirectly  re- 
mitted, we  ask  :  How  and  when  will  this  sin  be  finally  submitted 
to  the  power  of  the  keys?  Great  difficulties  beset  this  question, 
and  we  dare  not  make  a  decision  supported  only  by  our  own 
judgment. 

Two  things  are,  however,  clear  enough:  one  is  that  when 
Benedict  XIV  withdrew  from  the  confessario  criminis  complici 
the  jurisdiction  to  administer  absolution  to  the  complex  ab  eodem 
crimine,  he  certainly  removed  the  occasion  of  very  great  scandal, 
but  he  by  no  means  wished  to  close  to  the  sinner  the  way  of 
reconciliation  opened  by  Christ  to  him  and  to  all  the  faithful ; 
indeed,  it  was  precisely  in  order  that  this  reconciliation  might 
be  the  more  certainly  and  better  accomplished  by  the  agency 


358  THE    MINISTER    OF    THE    SACRAMENT 

of  another  priest,  that  he  wished  to  make  the  confessarius  crimi- 
nis  complex  incapable  of  accomplishing  it.  He,  therefore,  pre- 
supposed, what  generally  is  the  case,  that  other  priests  would 
not  be  wanting,  from  whom  the  penitent,  by  confession  and 
sacramental  absolution,  might  obtain  remission  of  her  sin.  It  has 
never  been  the  intention  and  practice  of  the  Church,  by  restrict- 
ing jurisdiction  for  the  remission  of  certain  sins  and  reserving 
absolution  for  them,  to  set  aside  the  ordinary  means  of  forgive- 
ness, the  sacramental  confession  of  sin,  and  to  supply  for  this 
by  perfect  contrition  or  indirect  remission.  However  ample 
these  extraordinary  means  for  obtaining  eternal  salvation  may 
be,  yet  the  Church  does  not  allow  that  the  ordinary  dispensation 
set  up  by  Christ  for  our  welfare  should  be  disregarded.  The 
Church,  therefore,  removed  all  restrictions  upon  absolution  for 
the  hour  of  death,  so  that  all  priests  can  absolve  every  penitent 
from  all  sins  and  censures.  We  are  not,  however,  to  suppose 
that  the  Church  has  made  this  provision  solely  for  the  moment 
and  the  danger  of  death;  she  makes  other  exceptions.161  It  is, 
therefore,  very  far  from  the  intention  and  the  custom  of  the 
Church  so  to  limit  the  jurisdiction  necessary  to  the  adminis- 
tration of  the  Sacrament  of  Confession  that  it  remains  restricted 
even  when  a  sinner,  during  a  long  time,  and  still  less  if  during 
his  whole  lifetime,  is  unable  to  have  access  to  a  priest  whose 
power  is  not  limited.  And  who,  out  of  fear  of  an  abuse,  would 
forbid  a  priest  the  dispensing  of  a  Sacrament,  or  one  of  the  faith- 
ful the  reception  of  a  Sacrament,  when  the  reception  of  such 
Sacrament  appears  necessary?  When,  therefore,  necessity  de- 
mands the  reception  of  the  Sacrament,  it  is  not  to  be  refused 
by  the  priest  nor  to  be  neglected  by  the  faithful.  If  abuse  takes 
place,  let  the  blame  fall  upon  those  who  would  not  make  good 
use  of  the  benefit.162 

lfil  Cf.  C.  Eos  qui  22,  De  Sentent.  Excomm.  in  VI;  C.  Ea  noscitur  1:5, 
De  Sent.  Excomm..  et  C.  Quamvis  58,  eod.  tit. 
162  Ballerini,  Op.  Theol.  Mor.  1.  c.  n.  655. 


ABSOLUTION    OF    THE    COMPLEX   IN    PECCATO    TURPI     359 

A  pari  Ballerini  teaches  that  the  confessarius  complex  may 
administer  absolution  from  the  crimen,  in  quo  ipse  complex  fuit, 
to  the  penitent  who  has  no  other  confessor,  and  who,  if  he  were 
not  absolved  by  the  confessarius  complex,  would  be  obliged  to 
abstain  for  a  long  time  from  holy  communion  with  possible 
scandal  to  others,  and  this  teaching  is  in  the  Commentaries  of 
the  Acta  S.  Sedis  extended  to  other  extraordinary  cases,  when, 
during  a  long  time,  no  opportunity  presents  itself  to  the  persona 
complex  of  confessing  without  evident  danger  of  sacrilege,  and 
when,  at  the  same  time,  evident  danger  of  disgrace  or  even  of 
suspicion  arises  from  the  long  abstention  from  the  holy  Sacra- 
ments.1"3 

II.   To  incur  this  penalty  it  is  necessary:  — 

1.  That  the  sin  in  which  the  confessor  was  an  accomplice 
should  be  a  mortal  sin,  both  internally  and  in  the  external  act. 
Purely  internal  mortal  sins,  and  those  not  completed  externally, 
are,  therefore,  excluded; 

2.  That  both  confessor  and  penitent  should  have  sinned  and 
have  been  guilty  of  the  peccatum  turpe; 

'S.  That  the  two  preceding  conditions  should  be  certainly 
fulfilled;  hence  the  sin  must  certainly  have  been  mortal  inter- 
nally and  externally,  and  on  the  part  of  both  the  confessor 
and  the  penitent,  on  the  principle  that  odia  restringenda 
sunt.m 

Accordingly,  it  is  indifferent  if  the  complex  be  a  person  of  the 
male  or  female  sex.  Benedict  XIV  expressly  says:  "Qualem- 
cumque  personam" ;  moreover,  it  is  not  necessary  that  the  sin 
should  be  completed,  as  the  Constitution  says  generally  and 
indefinitely:  "a  sin  against  the  sixth  commandment,"  and  the 
object  of  the  law  is  —  occasiones  non  tantum  copulcB  sed  omnis 
turpitudinis  a  sanctitate  tribunali  pcenitentice  removere.  Casum 
complicis  ergo  constituunt:   (actus  impudicus,  osculum,  am  plexus, 

163  Cf.  Lehmkuhl,  1.  c.  P.  II.  Lib.  II.  Tr.  I.  De  Censuris,  Sect,  IT.  n.  937. 

164  S.  Alph.  Lib.  VI.  ii.  554. 


360  THE    MINISTER    OF    THE    SACRAMENT 

colloquium  uti  et  aspectus,  dummodo  complicitatem  important  ac 
tarn  interne,  turn  exteme  sint  graviter  ?nali.165 

But  when  one  party  has  either  not  gravely  sinned  or  only  by 
an  internal  act,  there  is  no  casus  complicis  in  question. 

III.  The  confessarius  can  absolve  his  complex,  when  the  latter 
is  in  articulo  mortis  and  when  another  priest,  who  may  also  be 
without  faculties,  cannot  be  called  in  without  greater  danger  of 
defamation  or  of  scandal,  or  when  another  priest  is,  indeed, 
present,  but  declines  to  hear  the  confession  of  the  dying  person. 
In  the  latter  case  this  priest  is  regarded  as  absent.  The  sacerdos 
complex  is,  however,  bound  to  take  all  care  that  no  suspicion  or 
scandal  arises  from  the  presence  of  another  priest;  he  may,  for 
example,  upon  some  pretext  or  another,  absent  himself,  having 
previously  induced  the  dying  person  to  send  for  another  confessor. 
If  he  fail  to  do  this,  and  so  is  under  the  necessity  of  administer- 
ing absolution  to  the  dying  person,  he  sins  gravely  and  incurs 
the  penalty  decreed;  but  the  absolution  administered  by  him, 
" etiam  directa  hujus  peccati"  would  be  valid,  that  the  dying 
person  might  not  be  lost.166 

All  authors  teach  that  a  priest  can  also  absolve  his  complex  who 
is  in  articulo  mortis,  when  the  latter,  without  fault  on  the  part 
of  the  confessarius  complex,  refuses  to  confess  to  another  priest. 
This  penitent,  however,  must  be  in  bona  fide  as  regards  the  com- 
mandment of  the  Church.    Here  the  eternal  salvation  of  the  poor 

165  S.  Alph.  1.  c.  Cf.  Declar.  S.  C.  Inq.  28  May,  1873,  in  Acta  S.  Sed. 
Vol.  10,  append,  p.  345.  Aertnys,  1.  c.  n.  249.  Some  wrongly  exclude  the 
sermones  impudici ;  the  most  that  can  be  urged  for  such  a  view  is  that  there 
might  be  a  doubt,  num.  fuerit  peccatum  murtale  ex  utraque  parte,  and,  on 
account  of  such  a  doubt,  the  causa  complicitatis  which  the  law  requires  may 
the  more  easily  be  absent.     Cf.  Lehmkuhl,  1.  c.  n.  935. 

166  This  results  from  the  tenor  of  the  Bulls  "Sacrament.  Pcenitent."  of 
PxMiedict  XIV  and  "  Apostolicae  Sedis "  of  Pius  IX.  A  simple,  non-ap- 
proved priest  is,  per  se,  to  be  preferred  to  the  sacerdos  complex  (if  no  defama- 
tion arises),  but  a  sacerdos  publice  suspensus,  excommunicatus,  is  not  to  be 
preferred,  as  it  is  not  becoming  to  call  such  a  one  to  the  dying  person,  and 
in  this  case  it  will  scarcely  be  possible  to  avoid  suspicion. 


ABSOLUTION    OF    THE    COMPLEX    IN    PECCATO    TURPI     361 

penitent  is  in  question,  and  frequently  scandal  would  result  if  the 
priest  should  refuse  to  hear  the  confession  of  the  dying  person.187 

IV.  The  confessor  who,  apart  from  the  specified  cases  of  ne- 
cessity, absolves  his  complex  in  peccato  turpi  from  this  peccatum 
turpe  incurs,  ipso  facto,  the  excommunication  specially  reserved 
to  the  Pope.168  If  a  priest  absolves  his  complex  ex  ignorantia  or 
inadvertentia,  and  thus  remains  free  from  grave  sin,  he  does  not 
incur  the  censure.  But  it  is  doubtful  whether  the  absolution 
administered  is  valid.  The  sententia  communis  rejects  the  abso- 
lution as  invalid,  since  the  Pope  has  only  excepted  the  absolu- 
tion administered  in  the  hour  of  death;  but  several  later 
theologians  hold  the  absolution  to  be  valid,  because  the  Pope,  as 
they  point  out,  speaks  only  of  the  sacerdos  sacrilegus,  who  know- 
ingly and  intentionally  absolves  his  complex.169 

Further,  a  priest  does  not  incur  the  excommunication  who 
hears  the  confession  of  his  complex,  but  does  not  absolve  him, 
seeing  that,  according  to  the  Constitution  of  Pius  IX,  only  the 
sacerdotes  absolventes  fall  under  the  excommunication.  If,  how- 
ever, the  confessor  pretends  to  absolve  his  complex  (fingere 
absolutionem)  while,  in  reality,  he  does  not  absolve  him,  —  for 
instance,  saying  some  prayer  in  place  of  the  usual  form  of  abso- 
lution, --he  incurs  excommunication.  So  the  S.  C.  Inq.  declared 
on  December  10,  1883,  with  the  approbation  of  Leo  XIII.170 

167  Ballerini,  Opus  Theol.  Mor.  1.  c.  cp.  II.  De  absolut.  compl.  n.  652  ss. 

168  Cf .  Constitutio  Benedicti  XIV,  "  Sacrament.  Poenit."  and  Pii  IX, 
-  Apostolicae  Sedis"  (see  §  43,  p.  326). 

169  Cf.  Berardi,  Praxis  conf.  n.  1076. 

170  This  question  was  before  decided  in  the  same  sense  by  the  S.  Poenit. 
9  Jul.,  1751,  et  Mart.,  1878.  Cf.  Linzer  Theol.  Quartalschrift,  1882,  p.  389. 
Revue  theol.  18S4,  p.  363.  St.  Alphonsus  had  already  (Lib.  VI.  n.  556) 
maintained,  eum,  qui  fingat  absolutionem,  non  incurrere  censuram,  deducing 
this  from  the  words  of  the  Constitution  of  Benedict  XIV,  and  this  inter- 
pretation of  the  Pope's  words  was  probable;  this  opinion  of  the  sainted 
teacher  seems  still  to  coincide  with  the  words  of  the  Bull  of  Pius  IX,  which 
reads  Absolventes.  But  the  Sacred  Penitentiary  has  declared  otherwise. 
The  latter  evidently  here  takes  the  word  absolventes  in  the  wider  sense. 
Cf.  Ballerini,  Opus  Theol.  Mor.  1.  c.  n.  656.     Lehmkuhl,  1.  c.  n.  936,  Nota. 


362  THE    MINISTER    OF    TUE    SACRAMENT 

If  the  penitent  confesses  to  the  sacerdos  complex  and  conceals 
the  sin  against  the  sixth  commandment,  which  the  confessor 
has  committed  with  him,  and  the  confessor  absolves  him,  the 
latter  does  not  incur  the  excommunication,  according  to  a  dec- 
laration of  the  S.  Poenitent.  on  May  16,  1887.  "  For  this  penalty 
falls  only  on  the  priest  who  absolves  his  complex  from  that 
peccatum  turpe  in  which  the  priest  has  been  the  complex  of  the 
penitent."  Nevertheless,  according  to  the  declaration  of  the 
Penitentiary,  the  confessor  of  the  priest  who  has  absolved  his 
complex  (even  when  he  has  not  absolved  him  from  the  peccatum 
complicitatis)  is  bound  to  remind  him  with  the  greatest  zeal  that 
he  has  been  guilty  of  a  very  grave  sin,  and  an  abominable  abuse 
of  the  Sacrament  of  Confession,  and  he  may  only  absolve  this 
priest  after  exhorting  him  in  the  most  forcible  maimer  to  relin- 
quish his  office  as  confessor,  and  after  imposing  on  him  the  obli- 
gation of  refraining  from  hearing  the  confessions  of  his  complex 
in  the  future;  and  that  if  the  persona  complex  appears  in  the 
confessional  again,  he  should  exhort  this  person  to  accuse  him- 
self to  another  confessor  in  a  valid  confession  both  of  the  peccatum 
complicitatis  and  of  the  sins  invalidly  confessed.  The  conces- 
sion of  the  Council  of  Trent  (Sess.  XXIV.  cap.  6,  "Liceat")  does 
not  empower  a  bishop  to  absolve  a  priest  who  has  absolved  his 
complex.  The  Sacred  Penitentiary  has  expressly  declared  this 
on  July  18,  1860,  and  it  results  from  the  Constitution  u  Apostolicce 
Sedis,"  in  which  all  the  casus  papales  reserved  speciali  modo  to 
the  Pope  are  excepted  from  the  powers  granted  to  bishops  in 
the  cap.  "Liceat,"171 

But  if,  "  in  casibus  urgentioribus,"  absolution  cannot  be  deferred 
without  danger  of  great  scandal  and  disgrace,  a  bishop,  or  an- 
other priest,  can  administer  absolution  injunctis  de  jure  injun- 
gendis  on  the  confessor  who  has  unlawfully  absolved  his  complex 

171  Cf.  Decret.  S.  C.  Inq.  27  June,  1866,  and  the  Instructio  S.  C.  Inq. 
20  Feb.,  1867.  (Gury,  Cas.  Conscient.  T.  2.  n.  617.)  Revue  ties  sciences 
eccles.     Vol.  18,  p.  359. 


ABSOLUTION    OF    THE    COMPLEX    IN    PECCATO    TURPI     363 

in  peccato  turpi,  but  under  penalty  of  "reincidence"  if  within 
the  space  of  a'  month,  the  absolved  priest  has  not  recourse  by 
letter,  and  through  the  confessor,  to  the  Holy  See.172 

If  a  confessor  in  such  a  case  is  obliged  to  apply  to  the  Holy 
See,  he  must  address  his  petition  to  the  Sacred  Penitentiary. 
In  this  petition  he  must  adopt  a  fictitious  name,  set  forth  the 
case  concisely  and  clearly,  with  all  the  circumstances  appertain- 
ing to  the  matter,  as :  quot  personas  complices  et  quoties  Sacerdos 
absohere  attentaverit ;  an  unam  vcl  plures  irregularitates  con- 
traxerit  ex  violatione  censuroj  per  celebrationem  missce  vel  cxer- 
citium  solemne  Ordinis  Sacri;  an  alias  jam  acceperit  Rescriptum 
graticc  pro  absolutione  ab  hujusmodi  crimine.113 

172  S.  C.  Inquis.  30  June,  1886,  the  decision  which  Leo  XIII  approved  and 
confirmed.     Cf.  Revue  theolog.  1886,  p.  378. 

17;!  The  Sacred  Penitentiary  is  accustomed  to  add  a  few  clauses  to  its 
Rescript,  and  it  will  be  useful  to  explain  them  briefly: 

1.  Before  the  confessarius  delegatus  can  carry  out  the  Rescript,  the  occa- 
sion of  again  sinning  against  the  sixth  commandment  cum  persona  vel  per- 
sonis  complicibus  must  be  removed.  Hence  the  voluntary  occasion  (arid 
there  is  generally  such  in  this  case)  must  be  physically  removed,  and  a  nec- 
essary occasion  morally  removed.     See  §  63. 

2.  The  Confessarius  complex  must  inform  his  complex,  when  he  again 
comes  to  him  to  confess,  of  the  invalidity  of  the  former  confessions  and  refer 
him  to  another  confessor. 

3.  The  duty  of  not  again  hearing  the  confessions  of  the  persona  complex 
in  the  future  will  be  imposed  upon  the  Confessarius  complex,  when  this  can 
be  done  without  great  scandal,  and  he  would,  therefore,  sin  gravely  if  he 
should  disobey  this  command.  According  to  the  number  and  gravity  of 
the  cases  the  Penitentiary  subjoins  still  severer  clauses:  (a)  those  who  duos 
personas  complices  only  once,  or  unam  Ids  a  peccato  i?i  re  turpi  absolvere  atten- 
taverint  the  Sacred  Penitentiary  orders  to  give  up  their  office  as  confessors. 
(h)  But  those  qui  duos  ant  plures  personas  sic  imam  ter  ant  pluries  ahsolvere 
ausi  fuerint,  it  commands  to  relinquish  as  soon  as  possible  the  office  which 
they  have  so  misused,  and  that  within  the  time  which  is  to  be  determined 
by  the  priest  who  administers  the  absolution,  and  which  must  not  be  pro- 
longed beyond  three  months,  if  they  are  simple  priests;  if  they  are  parish 
priests,  the  period  may  be  longer,  but  not  beyond  six  months.  And  if 
within  this  time  the  priest  is  unable,  for  weighty  reason,  to  give  up  his 
office,  the  delegated  confessor  must  again  address  himself  to  the  Sacred 
Penitentiary,  and  lay  the  whole  matter  before  him  ;  in  the  meanwhile,  how- 


364  THE    MINISTER    OF    THE    SACRAMENT 

47.   Sollicitatio  Proprii  Poenitentis  ad  Turpia. 

The  minister  of  the  Sacrament  of  Penance  is  a  man,  and 
remains  a  man ;  even  when  he  is  administering  this  Sacrament 
he  is  subject  to  the  weaknesses  of  human  nature,  and  hence  he 
bears  within  him  the  inclination  to  evil  and  is  exposed  to  the 
temptations  of  the  devil;  and  it  is  there  where  he  destroys  the 
work  of  Satan  that  he  must  experience  the  hostility  of  the  evil 
one  more,  perhaps,  than  elsewhere.  In  addition  to  this,  the 
confessor  holds  such  intimate  intercourse  with  the  penitent,  and 
must,  alas!  so  often  deal  with  dangerous  matter;  he  must  lis- 
ten to  certain  sins,  investigate  them  and  give  them  his  attention 
in  order  to  discharge  his  duty  rightly.  Thus  may  be  explained 
the  dreadful  abuse  of  the  Sacrament  of  Confession  of  which  we 
now  treat, — an  abuse,  however,  which  is  very  rare,  —  the  Sol- 
licitatio proprii  panitentis  ad  turpia.11* 

There  is  question  only  of  an  abusus  Sacramenti  Pamitentut 
ad  turpia,  but  not  of  an  abusus  aliorum  Sacramentorum  ad  turpia, 
and  also  not  of  an  abusus  ejusdem  Pamitentiw  Sacramenti  ad  alia 
peccata,  quamvis  gravissima. 

Jam  quccntur :  — 

I.  Quid  intelligaiur  per  turpia  vel  inhonesta,  ad  qua:  jit  sollici- 
tatio f 

II.  Quo  actu  sollicitatio  perficiatur? 

ever,  the  sacerdos  complex  may  not  hear  the  contessions  cujuscunque  pemnnm 
complicis.  The  Sacred  Penitentiary  will,  for  weighty  reasons,  extend  the 
period,  and  when,  after  a  time,  the  unhappy  priest  seems  to  have  amended, 
will  allow  him  to  continue  to  exercise  the  duties  of  a  confessor. 

4.  The  censures  must  be  removed  first,  then  the  sins  remitted,  and  finally 
the  dispensation  from  the  irregularity  is  given.     Cf.  Aertnys,  1.  c.  n.  250. 

174  The  Constitutions,  "  Cum  sicut  nuper,"  of  Pius  IV,  "  Dilecte  fili,"  of 
Paul  V,  "  Universi  Dominici  gregis,"  of  Gregory  XV,  and  in  an  especial 
manner,  "  Sacramentum  poenitentise,"  and  "  Apostolici  muneris,"  of  Bene- 
dict XIV,  cover  this  matter.  Cf.  Bucceroni.  Jan.  Coinmentar.  Cohstit. 
Benedicti  XIV,  "  Sacrament.  Poenit."  P.  I.  pp.  1-150.  Romas,  1888.  Ed. 
altera. 


SOLLICITATIO    PR0PRI1    POEN1TENT1S    AD    TURPIA      365 

III.  Qualis  nexus  inter  sollicitationem  et  Sacramentum  Pani- 
tentice  intervenire  oporteat,  id  revera  et  ex  mente  legislatoris  sollici- 
tatio  abusus  Sacramenti  sit? 

Ad  I.  Per  peccata  turpia,  ad  qua1  fit  sollicitatio,  intelliguntur 
omnes  actus  externi  libidinosi  seu  actus  luxurice,  quo  spectant 
ctiam  actus  vel  ex  sua  natura  vel  ex  particulari  dispositione  com- 
plicis  vel  ex  intentione  operands  aliunde  satis  manifestata  (v.g. 
signo,  verbo)  inductivi  ad  vehementem  commotionem  spirituum 
genitalium;  intelligantur  ergo:  quilibet  tractatus  turpis,  sermo  ob- 
scamus  vel  actio  obsctvna.  Sollicitatio  ex  mente  legislatoris  non 
perpctratur  actibus  tanturn  venialiter  inhonestis  adeoque  non  ve- 
neriis  (nam  in  his  non  est  parvitas  materia1).  Excipe,  si  ex  cir- 
cumstantiis  certe  conjiceretur,  sacerdotem  actu  d'e  se  leviter  malo 
(v.g.  verbo  blandiori)  animum  habuisse  procedendi  ad  gravia.115 
Confessarius  consentiens  tantum  mulieri  sollicitanti  in  confessione 
nulla  modo  eximitur  a  peccato  sollicitationis,  i.e.  inhonesti  tracta- 
tus in  confessionali,  idque  licet  statim  desierit  de  ilia  turpi  materia 
loqui,  differendo  illius  complementum  ad  aliud  tempus  et  non  praz- 
bendo  absolutionem  panitenti;  item  licet  inductus  metu  consense- 
ril  sollicitationi 17B  et  a  fortiori,  quando  confessarius  et  painitens 
invicem  se  sollicitarunt,  puta  quando  confessarius  ad  unam  turpi- 
tudinis  speciem  sollicitatus  ad  aliam  sollicitavit  pocnitentein.  Juxta 
Decreta  sollicitaret  etiam  confessarius,  qui  diceret  pwnitenti:  "Si 
sacularis  essem,  te  uxorem  ducerem^ ;  vel  " Expecta  me  Jiodie 
domi  tuce,  quia  tecum  loqui  cupio'''1  et  postea  domi  sollicitaret;  vel 
" Hisce  peccatis  tuis  pollutionem  passus  sum" ;  item,  si  femince 
petenti  confessionem  responderet  in  confessionali:  "Nolo  tuam 
audire  confessionem,  ne  quid  mihi  contingat;  quia  amore  tui  cap- 
tus  sum" ;  item  "Totum  me  commoveri  sentio  ex  affectu,  quo  te 
prosequor" ;  vel  "  Domum  tuam  veniam  et  promitte  mihi,  te  factu- 
rum  esse  quod  voluero."  m 

175  Cf.  S.  Alph.  Lib.  IV.  n.  564,  sub  3. 

176  Cf.  Decl.  S.  C.  Inq.  11  Febr.,  1661,  dub.  2  et  9,  et  Instruct.  20  Febr., 
1867,  n.  2.  177  S.  Alph.  Lib.  VI.  n.  701. 


366  THE    MINISTER    OF    THE    SACRAMENT 

Ad  II.  Crimen  sollicitationis  ad  turpia  adest,  si  confessarius, 
qualiscunque  sit,  tarn  scecularis  quam  regularis  {vel  etiam  sacerdos 
carens  jurisdictione  at  hie  in  confessione) 178  sollicitat  panitentem 
sive  marem  sive  feminam  ad  peccandum  sive  secum  sive  cum  alio; 
nee  refert,  utrum  ipsum  pecnitentem  sollicitet,  an  mediante  pceni- 
tente  aliam  quampiam  personam.  Prater ea  sollicitatio  hujus- 
modi  ex  parte  confessarii  fieri  potest  vel  immediate  (v.g.  verbis 
obscccnis)  vel  mediate,  puta  per  chartam  postmodum  a  pwnitente 
legendam ; 17g  et  habenda  est  completa,  sive  poenitens  reapse  ad 
peccatum  pertrahatur,  sive  resistat,  dummodo  ponatur  medium  ap- 
tum  alliciendi  ad  actus  inhonestos;  nee  refert,  medium  adhibitum 
in  se  malum  sit  an  indifferens,  dummodo  ex  circumstantiis  postea 
cognoscatur,  id  ad  sollicitandum  adhibitum  esse,  puta,  si  confessa- 
rius mulieri  hoc  animo  intimet,  ut  expectet  eum  domi,  vel  earn 
eodem  animo  interroget,  ubi  habitet. 

Ad  III.  Ut  vero  sollicitatio  ejusmodi  sit  abusus  Sacramcnti 
oportet,  ut,  modo  a  lege  determinato,  relatio  aliqua  intercedat  inter 
ipsam  et  confessionem  vel  inter  ipsam  et  locum  ubi  confessiones 
excipiuntur.180 

(a)  Relatio  requisita  ad  confessionem  adest,  si  sollicitatio  fit: 
(1)  in  actu  sacramentalis  confessionis  inca'ptw,  licet  non  perfec- 
ted;  vel  (2)  immediate  ante  confessionem ;  vel  (3)  immediate  post 
confessionem ,  i.e.  quando  inter  sollicitationem  et  confessionem  nihil 
medial,  ita  ut  nee  confessarius  nee  parnitens  ad  aliud  negotium 
serio  se  diver tant.lsl 

178  Cf.  Resp.  S.  C.  Tnq.  a.  1661  ad  dub.  5,  Instruct,  a.  1867,  sub  2. 

179  Cf.  Propos.  6  ab  Alex.  VII  damn. 

180  S.  Alph.  Lib.  VI.  nn.  676-680. 

181  Illud  immediate  (ante  vel  post)  aliqui  moraliter  intelligi  volunt,  ita  ut, 
si  physice  tantum  aliquid  intei-mediat,  seu  intervallum  adeo  breve  sit,  ut  pro 
nihilo  debeat  computari,  confessarius  adhuc  vi  harum  clausularum  sollici- 
tans  dicendus,  ergo  denuntiandus  sit.  Communis  sententia,  quam  sequitur 
St.  Alph.  (n.  677)  illud  stricte,  i.e.  physice  accipit.  Ex  praxi  tribunalis  S. 
Officii  non  censetur  confessarius  sollicitasse  immediate  post  confessionem, 
si  sollicitatio  post  transactum  integrum  diem  accidet,  dummodo  nullo  modo 
pravum  aiiimum  suuin  in  confessione  indicaverit.  Ballerini,  Notre  ad  Gury, 
II.  n.  590.     Opus  Theol.  Mor.  1.  c.  Appendix  De  Sollicitatione,  n.  1094  ss. 


SOLLICITATIO    PBOPBII    POENITENTIS    AD    TURPIA      367 

(4)  Occasione  confessionis  (vera?)  vid.  quando  fit  invitatio  ad 
confessionem  hie  et  nunc  excipiendam  ex  parte  pamitentis,  aut 
quando  confessarius  invitat  pcenitentem  ad  confessionem  hie  et 
nunc  faciendam,  et  hac  occasione  data,  divertit  panitentem  a  pro- 
posito  et  ad  turpia  provocat;  aut  si  in  confessione,  sive  immediate 
ante  sive  post,  initium  sollicitationis  fit,  qua  postea  completur  v.g. 
si  dantur  littenc  sollicitantes  vel  si  fit  interrogatio  de  habitatione 
et  postea  sequitur  sollicitatio  domi,  vel  si  ob  fragilitatem  midieris  ex 
ejus  confessione  cognitam  postea  earn  domi  sollicitaverit,  dummodo 
ex  indiciis  sufficienter  constat,  eum  ex  ilia  scientia  non  aliis  ex 
causis  ad  id  motion  fuisse.182  Ejusmodi  indicia  aderunt  si  v.g. 
confessarius  auditis  peccatis  mulierem  interrogaverit,  ubi  habitet, 
an  sola  domi  manere  soleat  vel  alia  hisce  similia  interrogaverit, 
vel,  dum  ad  peccandum  accessit,  verbis  aut  factis  aliqua  commemo- 
ravit  ex  Us,  quce  ex  confessione  accepit.1*3 

(5)  Praiextu  confessionis  (ftcta;),  si  confessarius  ex  pravo  fine 
invitat  mulierem  ad  confessionem  et  deinde  sollicitat,  vel  femince 
suadet,  id  fingens  se  (vgrotam  cum,  confessarium  suum,  tanquam 
ad  confessionem  faciendam,  revera  ad  peccandum  accersat.  Secus 
probabilius  dicendum,  si  pnvtextus  confessionis  non  est  ordinatus 
ad  sollicitationem  sed  ad  peccati  jam  conventi  executionem,  puta 
ad  avertendum  Superiorem  vel  familiares  domus  a  scandalo  et  sus- 
picione  mali.1*4 


182  Illud:  "occasione"  duplici  hie  significatione  sumitur:  altera  opportu- 
rtitatis,  altera  niotivi. 

183  Cf.  S.  Alph.  Lib.  VI.  n.  678;  Ballerini,  Op.  Theol.  Mor.  1.  c.  n.  1098. 
Ballerini,  Not.  ad  Gury,  II.  n.  590;  Nouv.  Rev.  Theolog.  Tom.  12,  p.  31  ss. 
Lehmkuhl,  1.  c.  n.  976. 

184  S.  Alph.  1.  c.  nn.  678  and  679.  Hinc  sollicitans  dicendus  est  Confes- 
sarius, si  mnlier,  nulla  conventione  prsnnissa  prpetextu  confessionis  vocet 
ipsum  in  domum  suam,  qui  cum  accesserit,  a  muliere  sollicitatus  turpiter 
peccat  eum  ilia;  nam  juxta  decreta  S.  C.  Inq.  sollicitatio  etiam  a  poenitente 
emanare  potest.  Etiam  sollicitans  dicendus  est  Confessarius.  qui  extra  con- 
fessionem sollicitat  feminam  huicque  renuenti  ob  timorem  diffamationis, 
suadet,  ut  fingens  se  pegrotam  eum  ad  peccandum  accerseret.  S.  Alph.  n 
679;  vide  Ballerini,  Op.  Theol.  Mor.  1.  c.  n.  1102. 


368  THE    MINISTER    OF    THE    SACRAMENT 

(6)  Relatio  requisita  ad  locum,  ubi  confessiones  excipiuntur, 
aderit,  si  actus  prohibiti  exerceantur :  — 

(1)  In  confessionali  proprie  dicto;  (2)  in  loco  quocunque,  ubi 
confessiones  excipi  solent,  licet  confessionale  ibi  non  inveniatw; 
(3)  in  loco  quocunque,  quern  confessarius  ad  confessiones  audien- 
das  pro  suo  arbitrio  elegit. 

Ut  autem  crimen  sollicitationis  ex  mente  legislatoris  adsit  ac 
propterea  poena  sollicitantibus  confessariis  inflicta  contrahatur,  ob 
circumstantias  sub  (b)  enarratas  enascatur  simulatio  confessionis 
accedat  necesse  est,  i.e.  confessarius  et  pomitens  ita  se  gerant  opor- 
tet,  ut  confessionem  ille  audire  (v.g.  aures  applicando),  hie  pera- 
gere  videatur.  Hcec  tamen  simulatio  non  requiritur,  si  sollicitat 
in  confessionali  personam,  quee  pariter  in  eo  invenitur ;  sufficit 
enim,  ut  sacerdos  in  confessionali  de  rebus  turpibus  agat,  quin 
simulet  confessionem  audire.185 

The  sollicitatio  described  in  the  foregoing  is  a  very  grave  mortal 
sin  of  impurity,  of  sacrilege,  and  of  scandal.  For  it  is  a  dreadful 
abuse  of  the  Sacrament  of  Penance,  when,  as  Gregory  XV  ex- 
presses himself,  the  confessor  thus  offers  the  penitent  poison 
instead  of  a  remedy,  instead  of  bread  a  scorpion,  from  a  spiritual 
father  becoming  a  wretched  betrayer  of  souls. 

IV.  All  penitents  are  bound  under  pain  of  mortal  sin  to  de- 
nounce to  the  Ordinarius  loci,  or  to  the  Holy  See  through  the 
Penitentiary  or  Inquisition,  the  confessors  who  have  been  guilty 
of  solicitation.186 

The  object  of  this  denunciation  is  the  following:  — 

1.  If  the  person  who  denounces  is  known  as  honorable  and 
truthful,  if  no  evil  intention,  such  as  revenge,  enmity,  or  cal- 
umny is  to  be  imputed  to  him,  whilst  on  the  other  hand,  the 
denounced  priest  is  already  known  to  be  not  very  conscientious, 
the  denunciation  effects  that  the  suspected  confessor  will  be 

185  S.  Alph.  Lib.  VI.  n.  680.     Ballerini,  Opus.  Theol.  Mor.  1.  c.  n.  1107. 

186  Compare  the  above-cited  Constitutions  of  the  Popes,  and  the  Instruc- 
tion of  the  S.  C.  Inquis.  20  Feb.,  1867. 


SOLLICITATIO    PB0PRI1    P0EN1TENTIS    AD     TUBPIA      369 

watched  by  the  Ordinariiis.187  And  if  stronger  grounds  of 
suspicion  against  the  denounced  priest  accumulate  from  other 
quarters  (for  example,  suspicious  intercourse),  this  supplies  the 
Ordinariiis  with  a  motive  for  administering  to  him,  in  the  first 
place,  a  fatherly  warning,  in  doing  which,  the  Ordinarius  does 
not  yet  impute  to  him  the  crimen  sollicitationis,  but  rather  ex- 
horts him  to  be  conscientious;  in  this,  however,  the  Ordinariiis 
must  so  proceed  as  not  to  excite  the  suspicion  of  the  denounced 
against  the  denouncer.  "  Ut  plurimum  enim  nonnisi  a  tertia 
denuntiatione  ad  judicium  procedi  debet."1™  The  precise  object 
of  the  law  is  to  safeguard  the  Church  and  to  inspire  confessors 
with  a  just  dread  of  the  enormity  of  the  crime  which  abuses  the 
sacred  tribunal  of  penance ;  or,  as  Amort  expresses  it :  finis  non 
est  emendatio  persona?  particularis  sed  securitas  publica  Sacra- 
menti  ct  animarum  ex  castigatione  certa  tarn  abominandi  sceleris, 
et  ex  metu  indeclinabili  omnium  confessariorum  incurrendi  gra- 
rissima  supplicia  etiam  actu  unico  aut,  semel  tantum  iterato; 
imo  etiam  indemnitas  Ecclesice  ne  scil.  ejusmodi  pestes  ad  officia 
publica  subrepant,  quo  nihil  est  nocentius  communi  Ecclesiw 
bono.1™  Every  solicited  person  is,  therefore,  strictly  bound  to 
denounce,  and  is  not  released  from  this  duty  because  another 
has  denounced;  this  duty  never  ceases  to  bind,  though  it  is 
sometimes  suspended  for  a  time ;  in  case  of  repetition  a  confessor 
must  be  again  denounced,  even  if  he  has  been  already  punished 
on  account  of  the  first  transgression,  or  has  not  been  fully  con- 
victed of  solicitation ;  19°  again,  the  penitent  is  bound  to  denounce, 
even  when,  in  consequence  of  correctio  fraterna,  he  believes  that 
he  may  confidently  hope  for  amendment,  indeed,  as  St.  Alphon- 
sus  teaches,  even  when  the  fault  has  been  atoned  for;191  denun- 

187  Cf.  Instr.  S.  C.  Inq.  1867,  sub  11. 

188  Cf.  Instruct,  cit. 

189  Amort.  Theol.  Mor.  De  Poen.  Q.  19. 

190  S.  Alph.  Lib.  VI.  n.  687.     Cf.  Resp.  S.  C.  Inq.  a.  1661,  ad  dub.  13. 

191  Lib.  VI.  n.  701,  II.  A.  Tr.  10,  n.  175.     Bucceroni,  Conimentar.  in  Con- 
stit.  Bened.  XIV.  "Sacrament.  Poenit."  art.  II.  Sect.  2,  p.  60. 


370  THE    MINISTER    OF    THE    SACRAMENT 

ciation  must  be  made  if  the  fact  is  certain  though  it  cannot  be 
judicially  proved,  or  when  the  crime  is  secret,  or  was  committed 
a  long  time  before.  It  must  not  be  supposed  that  belated  in- 
formation of  this  kind  can  be  of  no  use;  it  may  perhaps  serve 
to  complete  previous  information  respecting  the  same  confessor, 
or,  in  conjunction  with  other  grounds  of  suspicion  to  close  to  a 
hypocrite  the  road  to  ecclesiastical  dignities,  or  at  least,  to  inspire 
the  confessor  with  lasting  fear  of  filling  up  the  measure  of  iniquity 
by  repeated  solicitation,  seeing  that  even  solicitations  committed 
a  long  time  before  may  be  brought  into  court.  If,  however,  the 
person  who  solicited  is  dead,  the  denunciation  need  not  take 
place,  because  then  the  full  object  of  the  law  can  no  longer  be 
realized.192 

2.  The  duty  of  denouncing  is  not  incumbent  upon  the  person 
who  solicits,  nor  is  he  bound  to  admonish  the  penitent  solicited 
by  him  to  make  the  denunciation.  All  solicited  penitents, 
however,  without  exception,  male  and  female,  seculars  and  regu- 
lars, high  and  low,  to  whatever  class  they  may  belong,  are  bound 
to  denounce.  Denunciation  is  also  incumbent  (but  now  no  longer 
sub  excommunicatione) 193  upon  all  witnesses  of  this  crime,  eye- 
witnesses or  ear-witnesses,  and  whoever  has  received  informa- 
tion of  the  solicitation  outside  confession,  directly  or  indirectly, 
from  words  of  the  person  soliciting  himself,  or  the  solicited  per- 
son, if  the  latter  be  trustworthy.194  The  penitent  must  denounce 
in  any  case  whether  he  has  consented  to,  or  rejected,  the  solicita- 

192  Cf.  Bucceroni,  1.  c.  p.  66. 

193  Not,  be  it  remarked,  virtute  Constitutionum  Pontificiarum  contra  sollici- 
tantes,  but  virtute  prcecepti  denuntiandi  intra  mensem  htereticos  et  suspectos  de 
hceresi.     Cf.  Bucceroni,  1.  c.  art.  II.  §  1,  p.  56. 

194  S.  Alph.  Lib.  VI.  n.  698.  They  are  not  bound  to  denounce :  (a) 
when  the  solicited  person  has  already  given  the  information;  (1/)  when 
they  would  suffer  great  detriment  by  so  doing,  except  in  the  case  of  a  priest 
of  great  influence  who  had  already  solicited  many  persons;  (c)  when- the 
person  soliciting  is  related  to  them  within  the  fourth  degree.  Cf.  Mazzotta, 
1.  c.  Tr.  2,  Disp.  1,  Q.  1,  cp.  2,  Sect.  4 ;  Ballerini,  Op.  Theol.  Mor.  1.  c.  n. 
11:36  ss. 


SOLLICITATIO    PROPRII    POENlTENTlS    AD    TURPIA      371 

tion,  but  he  need  not  make  known  his  consent;  he  must  also 
denounce  when  the  solicitation  has  been  mutual  between  con- 
fessor and  penitent,  or  when  the  penitent  has  solicited,  and  the 
confessor  has  consented.195 

A  young  girl,  who,  at  the  time  of  being  solicited,  was  ignorant  of 
any  evil  design,  must,  according  to  a  decree  of  the  Sacred  Inqui- 
sition (May  11,  1707)  denounce  the  confessor  as  soon  as  she  has 
attained  to  an  understanding  of  the  solicitation  which  took  place. 

The  solicited  person,  or  whoever  has  certain  knowledge  of  the 
solicitation,  is  not  released  from  the  obligation  to  denounce  on 
account  of  the  general  difficulties  attaching  to  the  denuncia- 
tion itself,  as,  for  example,  shame  at  having  been  solicited ;  fear 
that  the  judge  might  become  suspicious  of  her;  the  danger  of 
harm  or  detriment  to  the  denouncing  person;  any  such  damage 
must  be  considered  as  trifling  compared  with  the  possibility  of 
scandal  to  the  Church  and  to  souls;  the  use  of  Epikeia  {i.e.,  a 
benign  interpretation  of  the  law)  is  not  justifiable  in  this  case. 

3.  Every  priest  who  has  been  guilty  of  the  crime  of  solicit n- 
tion,  including  him  who  possesses  no  jurisdiction,  is  liable  to 
denunciation,  be  he  secular  or  regular,  or  in  any  way  exempted, 
whatever  dignity  he  may  hold ;  whether  he  has  himself  solicited, 
or  consented  to  the  solicitation  of  the  penitent,  and  even  when 
he  has  already  amended.196 

V.  The  confessor's  dealing  with  solicited  persons  is  regulated 
in  accordance  with  the  following  ordinances  of  the  Papal  Consti- 
tutions and  Instructions  of  the  Sacred  Congregation. 

1.  All  confessors  are  bound  sub  gravi  to  instruct  those  of  their 
penitents  whom  they  know  to  have  been  solicited  in  the  specified 
manner,  that  it  is  their  duty  to  denounce  the  persons  soliciting. 
This  duty  of  instructing  remains  imperative  even  when  the 
solicited  penitents  are  in  bona  fide. 

195  Cf.  S.  Alph.  nn.  700,  697,  G9r>.     Bucceroni,  1.  c.  p.  65. 

196  Compare  the  Constitutions  of  the  Popes  and  the  above-cited  Tnstr.  S.  C. 
Imp     S.  Alph.  nn.  686,  688. 


372  THE    MINISTER    OF    THE    SACRAMENT 

The  confessors  who  do  not  instruct  their  solicited  penitents 
must  be  punished.197 

They  must  instruct  their  penitents  concerning :  (a)  the  strict 
duty  of  denouncing;  (6)  the  time  within  which  the  denuncia- 
tion must  be  made;  (c)  the  penalty  attached  to  the  neglect  of 
this  duty;   and  (d)  the  manner  of  making  the  denunciation. 

2.   Let  the  confessor  proceed  in  the  following  manner :  — 

(a)  If  he  is  in  doubt  as  to  whether  the  act  or  the  word  of  the 
person  in  question  really  constituted  a  true  solicitation,  he  must 
not  oblige  the  penitent  to  denounce,  except  when  strong  grounds 
for  suspecting  solicitation  are  superadded,  or  when  the  words, 
de  se,  are  soliciting,  and  doubt  exists  only  as  to  whether  the  con- 
fessor uttered  them  with  a  bad  intention.198 

(6)  Before  the  confessor  binds  the  solicited  person  to  denounce 
(and  only  on  condition  that  she  denounce  may  absolution  be 
administered)  he  must  seriously  consider  whether  this  person  be 
deserving  of  credit,  or  if  there  is  weighty,  just,  and  very  prob- 
able suspicion,  supported  by  other  indications,  that  she  is  influ- 
enced by  revenge  and  wishes  to  calumniate  the  priest.  In  this 
latter  case  the  confessor  must  remind  her  that  she  commits  a 
very  great  sin,  and  one  reserved  to  the  Pope,  in  falsely  denounc- 
ing a  priest  for  solicitation. 

(c)  The  confessor  must  not  seek  to  know  the  name  of  the 
person  soliciting,  though  he  must  question  the  penitent  as  to 
the  necessary  circumstances. 

(d)  And  when  the  confessor  knows  positively  that  the  peni- 
tent has  been  solicited,  he  must  seriously  impress  upon  her 
(even  when  she  is  in  good  faith)  the  duty  of  denouncing  the  per- 
son who  solicited,  and  the  confessor  is  bound  to  do  so,  even 
when  he  foresees  that  the  penitent  will  not  denounce.199    After 

197  Cf.  Instruct,  nn.  3  and  4. 

198  Cf.  Instruct.  S.  C.  Inq.  a.  1661,  ad  dub.  12,  16. 

199  Constitutiones  cit.  et  Instruct.  Cf.  S.  Alph.  Lib.  VI.  nn.  615-694, ratio: 
ob  vitandum  damnum  commune. 


SOLLICITATIO    PROPRII    POENITENTIS    A  J)    TURPIA      373 

which  he  must  indicate  an  appropriate  method  of  making  the 
denunciation.     In  this  the  following  rules  are  to  be  observed:  — 

(a)  In  order  that  the  object  of  the  denunciation  may  be  ob- 
tained, the  Ordinary  must  be  informed  of  the  crime  and  all 
its  circumstances;  the  name  of  the  confessor  who  solicited  is  to 
be  given,  that  he  may  be  summoned  before  the  Ordinary,  and, 
if  found  guilty,  be  punished;  if  the  denouncer  does  not  know 
the  baptismal  and  family  name  of  the  confessor,  she  must  de- 
scribe him  as  accurately  as  she  can,  so  that  he  may  be  recog- 
nized; finally,  the  name  and  dwelling-place  of  the  denouncer 
must  be  given,  that  the  Ordinary  may  make  inquiries  con- 
cerning her  trustworthiness,  and,  if  it  should  be  necessary, 
summon  her  as  a  witness. 

(b)  The  denunciation  may  be  effected  in  one  of  the  following 
ways :  If  the  bishop  or  the  vicar-general  (loci  in  quo  moratur 
poenitens) 200  is  near  at  hand,  so  that  the  solicited  person  can 
easily  have  access  to  him,  the  latter  is  bound  to  make  the 
denunciation  in  person,  and  to  declare  that  N.  N.,  priest,  parish 
priest,  religious,  etc.,  has  solicited  her  ad  lurpia  in  the  holy  Sac- 
rament of  Confession.  If,  on  account  of  distance,  the  solicited 
person  cannot  easily  reach  the  Ordinary,  she  must  make  the 
denunciation  in  writing;  that  is,  she  informs  the  Ordinary  by 
this  document  that  she  has  to  make  a  denunciation  to  him, 
which  should  come  before  the  ecclesiastical  tribunal,  and  she 
begs  the  Ordinary,  at  the  same  time,  to  authorize  a  priest  to 
receive  this  denunciation.201  The  denunciation  itself  may  be 
effected  by  letter,  or  through  any  other  person  —  hoc  tantum 
valet  quoad  prceceptimi  denuntiationis  naturale  et  quatenus  tale 
prceceptum  obliyat  in  casu  particulari.     Nam  si  sermo  sit  de  prce- 

200  The  denunciation  must  be  made  to  the  Episcopus  loci,  where  the  peni- 
tent is  staying,  even  when  the  Confessarius  sollicitans  belongs  to  another 
diocese  ;  it  is  tnen  the  duty  of  this  bishop  to  receive  the  sworn  denunciation, 
and  to  forward  it  to  the  bishop  of  the  confessor.  Cf.  Gury,  Cas.  Cons. 
Tom.  II.  n.  652;  Kenrick,  Theol.  Moral.  Tract,  18,  245. 

201  Cf.  Instruct.  18G7,  n.  7 ;  Marc,  Institut.  Alph.  Tom.  II.  n.  1800. 


374  THE    MINISTER    OF    THE    SACRAMENT 

cepto  denuntiationis  positivo,  in  ipsa  Instr.  tit.  dicitur,  quod  onus 
personate  est.202  The  denunciatory  document  must,  However,  be 
dispatched  with  such  precaution  that  no  reasonable  fear  of  it's 
loss  need  be  entertained.  And  if  the  solicited  person  cannot 
make  the  denunciation  by  writing,  she  should  repair  to  the  dean, 
or  to  some  other  prudent  and  experienced  man,  who  then  writes 
in  her  name  to  the  Ordinary,  or  to  the  Sacred  Penitentiary,  or 
to  the  Holy  Office.203  As  a  rule  it  is  not  advisable  that  the  con- 
fessor should  take  upon  himself  the  burden  of  making  the  de- 
nunciation for  the  penitent.  But  it  is  not  to  be  denied  that 
there  are  cases  when  the  confessor  is  bound  by  the  precept  of 
charity  to  do  this,  namely,  when  the  well-being  of  the  community 
is  threatened,  and  no  other  way  appears  of  meeting  the  emer- 
gency.204 The  denunciation  must  never  be  made  anonymously, 
and  is  always  to  be  addressed  to  the  bishop  or  to  the  vicar- 
general  in  person,  not  to  the  office  of  the  Ordinary.205 

3.  Confessors  cannot  absolve  penitents  who  know  that  they 
have  been  solicited  till  they  have  denounced  the  delinquent,  or, 
at  least,  till  they  have  promised  that  they  will  do  so  as  soon  as 
they  can.  This  is  laid  down  in  the  Constitutions  of  Benedict 
XIV  and  in  the  Instruction  of  the  S.  C.  Inquis. 

From  this  it  follows  that :  — 

(a)  The  confessor  cannot  absolve  penitents  who  refuse  to 
denounce.  If  a  solicited  person  refuses,  the  confessor  must  in- 
vestigate the  cause  of  the  refusal,  and  endeavor  to  remove  it. 
If  he  finds  the  cause  to  be  fear  of  disgrace,  he  may,  in  order  to 
remove  it,  tell  her  that  she  stands  before  the  ecclesiastical  judge 
not  as  persona  complex,  but  as  a  testis,  that  she  is  not  bound  to 
make  known  her  consent ;  indeed,  that  she  cannot  even  be  ques- 
tioned concerning  her  consent,  and  that  if  she  has,  ex  simplici- 

202  Cf.  Bucceroni,  Commentar.  in  Constit.  Bened.  XIV,  "  Sacram.  Pcenit' 
Roma?,  1888,  art.  II.  §  3,  p.  74. 

203  Cf.  Instruct.  1867,  n.  7. 

204  Cf.  S.  Alph.  Lib.  VI.  n.  699.  205  Cf.  Instruct.  1807,  n.  6. 


S0LLICITAT10    PliOPlill    POENITENTIS    Ah    TURPI  A      375 

tale,  declared  her  consent,  it  cannot  be  taken  down  in  the 
official  deeds.20"  Nor  is  any  danger  whatever  of  disgrace  to  be 
feared.  If  the  penitent  says  that  in  gratitude  for  benefits 
received,  or  to  be  received,  for  presents,  etc.,  she  is  unable  to 
make  the  denunciation,  or  alleges  other  insufficient  grounds  for 
the  refusal,  the  confessor  must  explain  to  the  penitent  the  sac- 
rilege, and  her  duty  to  obey  the  laws  of  the  Church,  which 
have  been  made  for  the  purpose  of  warding  off  great  scandal 
and  detriment,  and  remind  her  of  the  penalty  of  excommuni- 
cation which  the  solicited  person  ipso  facto  incurs,  by  not 
denouncing  the  soliciting  priest  within  a  month.  Moreover, 
the  confessor  must  not  lightly  admit  what  such  persons  are 
accustomed  to  bring  forward  in  order  to  escape  from  the  burden 
of  denunciation.  If  the  solicited  person  refuses  to  perform  her 
duty  out  of  false  shame  or  irreligious  pity,  absolution  is  to  be 
refused  her  as  not  being  properly  disposed.  The  confessor  must, 
however,  out  of  a  true  zeal  for  souls,  exert  himself  by  all  means 
to  induce  such  an  unhappy  penitent  to  make  the  denunciation; 
he  should  prevail  upon  her  to  come  again  at  another  convenient 
time,  and,  meanwhile,  inform  the  Ordinary  or  the  Holy  See 
through  the  Penitentiary,  or  the  Inquisition,  of  the  matter  with- 
out mentioning  the  name  of  the  penitent. 

(b)  If,  however,  the  confessor  perceives  that  a  solicited  person 
otherwise  well-disposed  for  the  Sacrament  of  Penance  has  a  law- 
ful ground  for  refusing  the  denunciation,  as,  for  example,  a  prob- 
able, well-founded  danger  of  suffering  appreciable  injury  in 
honor,  property,  or  person,207  or  that,  on  account  of  fear  or  exces- 
sive timidity,  she  can  by  no  means  be  brought  to  denounce  the 
soliciting  person  at  that  time,  either  personally  or  through  the 
confessor,  but  yet  promises  faithfully  to  make  the  denunciation 
later  on,  as  soon  as  she  can,  he  may  absolve  her,  and  that  at  once 

206  Cf.  Instr.  1867,  n.  6. 

207  Cf .  Bucceroni,  1.  c.  art.  II.  §  2,  p.  62  ss. ;  Ballerini,  Op.  Theol.  Mor. 
1.  c.  n.  1141. 


376  THE    MINISTER    OF    THE    SACRAMENT 

stante  nempe  gravi  difficultate  denuntiationis  jacienda;,  si  necessitas 
urgeat,  that  is,  when  the  penitent  has  to  receive  holy  com- 
munion, in  order  to  avoid  scandal,  or  to  gain  a  Jubilee  indul- 
gence. If  there  is  no  necessitas  urgens,  the  confessor  must  defer 
the  absolution,  and  appoint  another  time  for  the  penitent  to 
come  to  him ;  meanwhile,  he  must  address  himself  to  the  bishop, 
and  lay  the  whole  case  be  ore  him,  concealing  the  name  of  the 
penitent,  adding  also  the  grounds  which  make  it  advisable  to 
dispense  the  penitent  from  the  duty  of  denouncing.  The  bishop 
then  may  himself  decide  what  is  to  be  done  or  apply  to  the 
Sacred  Penitentiary;208  for  the  Holy  See  occasionally  confers 
upon  the  confessor  authority  to  dispense  the  penitent  pro  ea 
vice  from  the  duty  of  denouncing,  especially  when  the  soliciting 
person  has  amended,  and  done  penance.  Solicited  persons  can 
also  be  absolved  who  "in  partibus  schismaticorum,  hcreticorum 
et  mahometanorum  degiint"  although  these  regions  are  subject 
to  the  Constitutions  leveled  against  those  who  solicit;  such  a 
case  may  occur  when  the  circumstances  indicate  that  no  hope 
of  punishing  the  soliciting  person  can  be  entertained  and  the 
mulieres  sollicitatce  cannot  denounce  without  danger  and  dis- 
grace, while  those  denounced  can  easily  escape  punishment  by 
having  recourse  either  to  schismatic  bishops  or  to  unbelieving 
lay  judges.209 

VI.  Solicited  penitents  who  neglect,  or,  through  their  own 
fault,  omit,  to  denounce  the  Conjessarios,  sive  Sacerdotes,  a 
quibus  sollicitati  fuerint,  within  a  month,  incur,  ipso  facto,  the 
excommunication  which  is  not  reserved.210  They  incur  this  pen- 
alty, therefore,  infra  mensem,  that  is,  reckoning  from  the  day  on 
which  they  were  warned  of  their  duty.     If  they  give  information 


208  Cf.  Instruct.  1867,  nn.  5  et  7 ;  S.  Alph.  1.  c.  n.  693 ;  Bucceroni,  1.  c.  art. 
II.  §  1,  n.  35. 

209  Cf.  Bucceroni,  1.  c.  art.  II.  §  2,  n.  38 ;  Deer.  S.  C.  S.  Off.  21  Febr., 
1630,  etc. 

210  Const.  Pii  IX,  "  Apostolicse  Sedis." 


SOLLICITATIO    PR0PR11    POENITENTIS   AD    TURPIA      377 

later  on,  they  can  be  absolved  from  the  excommunication  by 
any  priest.211 

In  conclusion,  we  enumerate  the  penalties  which  are  to  be 
imposed  upon  priests  soliciting,  according  to  the  nature  of  the 
offense,  and  according  to  the  circumstances :  — 

(1)  Suspension  from  the  exercise  of  the  sacerdotal  powers; 
(2)  deprivation  of  benefices,  dignities,  and  offices,  with  perpetual 
disability  to  acquire  such  again;  (3)  deprivation  of  active  and 
passive  vote,  when  Regulars  are  in  question;  and,  (4)  continual 
disability  to  celebrate  Mass.  But  all  these  penalties  are  pcence 
ferendce  sententice ;  degradation,  and  delivering  the  delinquent 
to  the  brachium  srvculare,  are  not  resorted  to  nowadays.  Greg- 
ory XV  appointed  this  punishment,  but,  as  the  Instruction 
says,  we  must  regard  it  more  as  imposed  ad  terrorem  than  for 
the  purpose  of  being  actually  carried  out. 


212 


211  Cf.  Bucceroni,  1.  c.  art.  II.  Sect.  1,  n.  36,  p.  (31  s.  For  the  Modus  re- 
cipiendi  denuntiationem,  see  Instruct,  cit.  1867,  n.  6  ss.  Acta  S.  Sedis,  Vol. 
III.  pp.  505  seq.  The  Instr.  cit.  mi.  9-16  describes  the  Modus  procedendo  con- 
tra Sollicitantes ;  cf.  Bucceroni,  1.  c.  art.  II.  §  4,  pp.  86-100.  In  this  place 
the  learned  Roman  professor  also  treats  the  question  :  can  the  bishop  make 
a  law  denuntiandi  sollicitantes  extra  confessionem —  or  a  law  denuntiandi  sollici- 
tantes in  confessione  ad  alia  peccata  quam  ad  turpia  ?  p.  99,  etc. 

212  Instruct.  1867,  n.  12. 


Section  II 

THE     OFFICE     OF    THE     CONFESSOR 

When  the  priest  who  is  rite  authorized  to  administer  the  Sac- 
rament of  Penance  makes  use  of  the  power  intrusted  to  him 
and  exercises  the  office  of  a  confessor,  he  performs  a  threefold 
office :  that  of  Judge,  that  of  Physician  of  the  Soul,  and  that  of 
Teacher.  The  most  important  of  these  is  the  first,  the  office  of 
Judge ;  this  is  his  essential  office  by  the  institution  of  the  Sacra- 
ment; while  the  other  two  are  only  of  an  accessory  character, 
not  because  they  are  of  inferior  significance,  —  they  are,  indeed, 
very  important  offices,  upon  the  faithful  discharge  of  which 
much  depends,  —  but  because  they  "  dispose  to  the  right  exer- 
cise of  the  judicial  office  "  and  their  faithful  and  zealous  exe- 
cution is  necessary  to  the  better,  more  fruitful,  and  more 
salutary  discharge  of  the  former.  If,  in  the  administration  of 
this  Sacrament,  the  priest  officiated  merely  as  judge,  without, 
at  the  same  time,  proving  himself  to  be  a  physician  and  teacher 
also,  he  would  discharge  his  office  unfruitfully,  and  weaken  the 
efficacy  of  the  Sacrament  to  which  Christ  has  attached  great 
effects. 


378 


CHAPTER  I 

THE  ESSENTIAL  DUTIES  OF  THE  CONFESSOR  IN  THE  EXERCISE  OF 
HIS  office;  OR,  THE  CONFESSOR  CONSIDERED  IN  HIS  OFFICE 
OF   JUDGE 

As  a  judge,  it  is  the  priest's  duty  rightly  to  understand  the 
matter  —  that  is  the  sin  -  -  upon  which  he  has  to  pass  a  sen- 
tence, to  investigate  the  dispositions  of  the  penitent,  and  to  pro- 
nounce judgment.  These  three  duties  are  the  essential  duties 
of  the  confessor  in  his  office  as  judge. 

48.   The  Knowledge  of  the  Sins. 

Christ  has  declared  that  we  should  confess  to  His  ministers, 
i.e.,  we  shall  make  declaration  of  all  grave  sins,  with  their  num- 
ber and  kind.  By  means  of  this  self-accusation,  the  minister  of 
the  Sacrament  of  Confession  is  informed  of  the  sins  of  the  peni- 
tent upon  which  he  must  pass  judgment.  As  the  priest  is  medi- 
ator between  God  and  the  penitent,  and  is  thus  bound,  on  the 
one  hand,  to  protect  the  rights  of  God  and  preserve  the  order 
of  divine  Justice,  and,  on  the  other  hand,  to  support  the  penitent 
and  lead  him  to  reconciliation  with  God,  he  must  take  care  that 
all  that  belongs  to  a  complete  confession  is  performed  by  the 
penitent  and  where  it  falls  short  of  completeness  to  supply  the 
defect  by  questions. 

The  following  principles  are  to  be  observed  with  regard  to  the 
duty  of  questioning:  — 

I.  The  confessor  is  not  bound  to  question  the  penitent,  how- 
ever uneducated  the  latter  may  be,  if  he  seems  to  be  sufficiently 

379 


380  THE    MINISTER    OF    THE    SACRAMENT 

instructed  in  his  Christian  duties,  and  has,  according  to  his 
power  of  understanding,  carefully  confessed  his  sins.  The  ques- 
tioning would  otherwise  become  troublesome  and  useless.  Still 
less  is  he,  as  a  rule,  bound  to  question  those  who  often  confess, 
and  seldom  sin  gravely,  such  as  pious  persons,  members  of 
Religious  Orders,  priests,  etc.,  unless  it  is  clear  from  their 
accusation,  or  suspicion  arises,  that  they  have  failed  to  confess 
something  which  it  is  necessary  to  confess.  If  this  is  the  case, 
questioning  is  the  more  necessary  with  Regulars  and  priests, 
because  there  is  danger  that  they  might  adopt,  when  hearing 
confessions  themselves,  the  example  of  the  superficial  practice 
tolerated  by  their  own  confessors. 

II.  The  confessor  is  bound  to  put  questions  to  the  penitent 
if  he  clearly  recognizes  or  conjectures  that  the  penitent  has  not 
declared  all  that  appertains  to  the  completeness  of  the  confes- 
sion, and  what  the  confessor  ought  to  know  in  order  to  perform 
his  duty  as  judge  and  physician.  As  minister  of  the  Sacrament, 
he  must  take  care  that  the  confession  is  a  complete  one,  and, 
as  it  belongs  to  his  office  as  judge,  to  investigate  thoroughly  the 
matter  on  which  he  has  to  pronounce  judgment,  and,  as  it  is 
the  duty  of  the  physician  to  probe  the  wounds  of  the  patient, 
so  must  the  confessor  sound  the  conscience  of  the  penitent,  by 
questioning  about  the  sins  which  he  supposes  the  penitent  to 
have  committed,  and  to  have  kept  back  out  of  ignorance,  or 
forgetf ulness,  or  false  shame;  by  determining  more  exactly 
the  specified  number  of  the  sins,  when  it  has  been  stated  too 
inexactly  or  indefinitely,  or  by  asking  it,  if  it  has  not  been  men- 
tioned at  all,  and  by  investigating  the  necessary  circumstances 
of  the  sins.  Moreover,  the  confessor  must  find  out  the  condition 
of  the  sinner  himself,  by  which  he  may  learn  what  advice  is  to  be 
given,  and  what  remedies  employed  to  bring  about  the  cure  of 
the  penitent.213 

218  Cf.  Rituale  Roman.  Sacram.  Pcenit.  tit.  3,  cp.  1,  n.  15.  Concil.  Later. 
I V.  cp.  21,  in  Cap.  12  de  Pcenit.    S.  Alph.  Lib.  VI.  nn.  607,  629.    H.  Ap.  n.  102. 


THE    KNOWLEDGE    OF    THE    SINS  381 

The  duty  of  the  confessor  in  this  regard  is  undoubted,  and 
ex  genere  suo  gravis.  Therefore  Benedict  XIV  did  not  hesitate 
to  teach  in  his  Constitution  "  Apostolica"  (26  June,  1749): 
"Above  all,  confessors  should  bear  in  mind  that  they  do  not 
discharge  the  duties  of  the  office  which  they  have  undertaken  — 
indeed,  that  all  those  are  guilty  of  a  great  sin,  who,  while  exer- 
cising the  office  of  judge  in  the  sacred  tribunal  of  penance, 
unconcernedly  listen  to  the  penitents,  do  not  exhort  them,  do 
not  question  them,  but,  when  they  have  heard  their  sins, 
forthwith  pronounce  the  words  of  absolution.  This  is  certainly 
not  the  conduct  of  the  zealous  physician  who  pours  oil  and 
wine  into  the  wound.  And  yet  every  one  who  administers  the 
Sacrament  of  Penance  holds  the  office  of  a  physician ;  he  must, 
therefore,  carefully  investigate  not  only  the  circumstances  of 
the  sins,  but  the  moral  condition  of  the  person  who  has  fallen 
into  them,  in  order  that  he  may  provide  for  him  suitable  reme- 
dies, by  the  use  of  which  the  cure  of  his  soul  may  be  effected."  214 

Although  this  duty  is  cue  in  se  gravis,  yet  parvitas  materia 
may  be  more  easily  admitted  in  it  than  in  the  duty  of  the  peni- 
tent to  examine  himself,  even  in  those  things  which  he  must  per 
se  confess  under  the  head  of  grave  sin,  or  in  materia  necessaria 
confessionis.  As  the  confessor  must  give  account  to  God  of  the 
confessions  which  he  has  heard,  there  rests  upon  him,  because 
of  the  great  number  of  confessions  which  he  hears,  a  much 
greater  burden  with  respect  to  their  integrity  than  upon  the  in- 
dividual penitent.  Billuart,  however,  rightly  teaches:  If  the 
confessor,  through  slight  negligence,  inattention,  weakness  of 
memory,  absence  of  mind,  weariness  of  spirit,  etc.,  has  forgotten 
to  put  a  question,  even  on  necessary  matter,  such  omission  would 
be  no  sin,  or  only  a  venial  one ;  for  no  one  is  bound,  in  such 
great  difficulty  and  moral  impossibility,  to  remedy  the  defects  of 
others.  What  Gury  says  seems  also  to  be  quite  reasonable,  viz. 
that  the  omission  of  one  or  other  per  se  necessary  question,  in  a 

214  Cf.  n.  19. 


382  THE    MINISTER    OF    THE    SACRAMENT 

great  number  of  confessions  which  a  priest  has  heard,  is,  ex  ipsa 
inaterice  parvitate,  no  grave  sin.215 

III.  As  regards  the  completeness  of  the  confession,  the  con- 
fessor is  not  bound  to  question  the  penitent  with  scrupulous 
exactitude;  on  the  contrary,  he  must  act  with  moderation  and 
prudence  according  to  the  position,  age,  and  power  of  compre- 
hension of  the  penitent.  The  confessor  need  not,  therefore, 
employ  greater  care  in  questioning  than  the  penitent  himself 
must  employ  in  the  examination  of  his  conscience;  but  the 
latter  is  only  bound  to  a  mediocris  diligentia  in  the  examination 
of  conscience.  Moreover,  the  penitent  is  bound,  in  the  first 
place,  to  know  his  sins;  in  order  to  make  a  complete  confession, 
the  confessor  is  only  bound  to  assist  him.  The  duty  of  the 
latter  to  push  inquiry  is  merely  a  secondary  one;  that  is,  it  must 
come  into  operation  defectu  poenitentis.  The  extent  of  the  con- 
fessor's obligation  in  this  matter  is,  therefore,  regarded  strictly 
in  accordance  with  the  situation,  station,  and  intelligence  of 
the  penitent,  so  that  the  confessor  is  not  bound  to  ask  more  than 
the  penitent  (by  virtue  of  his  situation,  station,  and  power  of 
apprehension)  is  bound  to  confess.  When,  therefore,  it  is  cer- 
tain that  the  penitent  does  not  know,  or  has  not  noticed  that 
certain  circumstances  add  a  new  sinfulness  to  an  act,  the  con- 
fessor is  not  bound  to  ask  about  them.216 

49.   The  Nature  of  the  Questions  to  be  put  to  the  Penitent. 

If  the  confessor  is  obliged  to  address  questions  to  penitents, 
they  must  always  be  moderate,  discreet,  modest,  and  proper, 
(a)  The  questions  must  be  moderate;  that  is,  he  should  not 

215  Gary,  Casus  Conscient.  II.  n.  669.  Cf.  Lehmkuhl,  1.  c.  Sacram.  Pcenit. 
Sect,  III.  n.  419. 

216  Moreover,  tin'  confessor  must  not  only  take  care  that  the  confession  be 
complete;  he  must  ab<>  have  regard  for  human  weakness, lest  through  much 
questioning  the  confession  become  troublesome  and  odious.  Cf.  Lacroix, 
1.  c.  n.  1748;  Aertnys,  1.  c.  n.  27G;  Lehmkuhl,  1.  c.  n.  419,  ad  1,  3. 


NATURE    OF    QUESTIONS    TO    BE    PUT    TO    PENITENT      383 

question  the  penitents  concerning  sins  which,  having  regard  to 
(heir  station,  their  age,  their  circumstances  in  life  and  their 
moral  condition,  they  have  probably  not  committed.  He  must 
not  put  questions  about  all  possible  sins;  he  should  rather  ask 
first  if  the  penitent  has  committed  the  sins  which  are  generally 
committed  by  people  of  such  age,  education,  and  position.  If 
the  answers  of  the  penitent  give  occasion  for  further  questioning, 
he  must  proceed  in  his  inquiry;  if  they  do  not  give  such  occa- 
sion, the  confessor  should  ask,  quite  in  a  general  way,  if  there  is 
anything  else  which  troubles  his  conscience,  and  when,  after  a 
short  reflection  (for  which  the  necessary  time  must  always  be 
allowed  him)  he  answers  that  he  has  nothing  more  to  say,  there 
is  no  reason  for  further  questioning.  As  for  the  rest,  it  would 
seem  useful  to  drop,  at  a  seasonable  moment,  an  appropriately 
tactful  exhortation  concerning  sincere  confessions.217 

The  questions  of  the  confessor  must  be  (6)  discreet;  that  is, 
he  must  use  the  necessary  discrimination  in  his  questions;  he 
must  question  with  great  prudence  and  caution.  He  must  bear 
in  mind  the  rule  of  the  Roman  Ritual:  "The  confessor  should 
detain  no  one  with  inquisitive  and  profitless  questions,  and, 
above  all,  let  him  not  ask  young  people  of  what  they  are  ignorant, 

217  St.  Alphonsus  teaches  :  "  The  confessor  should  not  be  too  solicitous  in 
questioning";  let  him  ask  the  penitent  about  that  which,  having  regard  to 
his  position,  probably  concerns  him."  And  in  another  place  his  advice  is: 
"  Let  him  ask  only  about  the  sins  which  the  penitents  might  easily  commit, 
considering  their  station  and  intelligence."  And  Billuart  says  :  "  The  con- 
fessor must  make  his  investigations  in  a  humane  and  temperate  way,  but 
not  in  every  imaginable  way.  For  the  priest  is  not  bound  to  examine  the 
penitent  more  than  the  latter  is  bound  to  examine  himself.  .  .  .  Nor  is  it 
to  the  point  to  say  that  the  priest  would  perhaps  find  more  if  he  sought 
more,  for  we  have  not  only  to  consider  the  material  completeness  of  the 
confession,  but  also  that  the  Sacrament  of  Penance  must  not  be  made  irk- 
some and  odious  to  penitents  by  overgreat  and  exaggerated  anxiety  in 
questioning;  it,  therefore,  suffices  if  the  confessor  can  be  prudently  con- 
vinced that  the  penitent  is  omitting  nothing  that  he  ought  to  confess."  Cf. 
S.  Alph.  Lib.  VI.  n.  007 ;  II.  Ap.  Tract.  16,  n.  102 ;  Gury,  Ed.  Ratisb.  Not. 
ad  n.  615. 


384  THE    MINISTER    OF    THE    SACRAMENT 

lest  they  be  scandalized,  and  made  familiar  with  new  sins."218 
Let  him,  therefore,  never  address  to  penitents  a  question  by 
which  a  sin  of  which  they  were  ignorant  might  be  made  known  to 
them.  Especially  should  he  be  discreet  in  his  questioning  of 
children  and  young  people,  and  in  questions  concerning  sins 
of  impurity  (here  special  caution  is  necessary  with  regard  to 
women),  lest  he  awaken  their  curiosity  and  cause  them  to  inves- 
tigate further,  lest  he  teach  the  penitent  sins,  and  lest  he  expose 
himself  and  the  penitent  to  the  danger  of  sin.  When  harm  of 
this  kind  is  to  be  feared,  it  is  preferable  that  there  should  be 
some  lack  of  material  completeness  in  the  confession,  in  con- 
formity with  the  rule :  melius  est  in  multis  deficere  (sc.  relate  ad 
integritatem)  quam  in  uno  abundare  (i.e.  in  probabilem  ruinam 
poenitentis) .  Two  probable  dangers  here  confront  each  other, 
a  detriment  to  the  soul  of  the  penitent,  and  (material)  incom- 
pleteness of  the  confession.  Of  the  two  the  welfare  of  the  soul 
is  certainly  to  be  preferred. 

The  questions  of  the  confessor  must,  moreover,  be  (c)  modest. 
If  the  confessor  is  obliged  to  put  to  the  penitent  a  question 
concerning  res  inhonesta;,  let  him  do  this  as  modestly  and  pru- 
dently as  he  possibly  can,  and  quite  shortly.  Of  course  he  will 
often  be  obliged  to  put  questions  concerning  the  sins  against 
purity,  because  penitents  accuse  themselves  of  these  unwill- 
ingly, and  very  many  do  not  properly  confess  their  sins  unless 
the  confessor  helps  them.  The  confessor  has,  therefore,  need  of 
great  prudence,  in  order,  on  the  one  hand,  to  elicit  from  the  peni- 
tents what  they  conceal,  and,  on  the  other  hand,  not  to  teach 
them  (especially  the  young)  what  they  did  not  know  before. 
He  must  here  observe  the  following  rules:  (1)  Let  him  avoid 
all  curiosity,  even  the  appearance  of  it,  and  all  superfluous 
questions.  When  he  fears  that,  out  of  anxiety  of  conscience, 
the  penitent  thinks  that  he  has  not  fully  confessed  something, 

218  Tit.  III.  cp.  1,  De  Sacram.  Fcpn.  n.  16. 


NATURE    OF    QUESTIONS    TO    BE    PUT    TO    PENITENT     385 

because  he  has  not  told  all  the  circumstances,  it  is  advisable  to 
say  to  him  at  the  end  of  the  confession:  "I  have  perfectly  well 
understood  your  sins ;  do  not,  therefore,  be  anxious  about  not 
having  fully  declared  the  manner  in  which  you  sinned."  And 
if  the  penitent  himself,  out  of  ignorance  or  anxiety,  wishes  to 
describe  the  manner  in  which  the  sins  were  committed,  the  con- 
fessor must  admonish  him  that  this  is  not  necessary.  On  the 
other  hand,  if  the  confessor  has  to  question  the  penitent,  he  can 
inform  him  that  these  questions  are  necessary  in  order  to  learn 
the  species  of  the  sin.  (2)  In  putting  these  questions  let  him 
make  use  of  only  perfectly  modest  expressions ;  when  he  speaks 
of  the  virtue  of  purity,  let  him  always  call  it  the  angelic  virtue, 
holy  purity,  in  order  to  preserve  the  esteem  and  love  of  this 
virtue  in  himself,  and  inspire  the  penitent  with  it.  And  if  the 
penitent  should  make  use  of  improper,  coarse  expressions  in 
confessing  these  sins,  the  confessor  should  gently  admonish  him, 
and  teach  him  to  express  himself  more  becomingly.  As  long 
as  it  is  doubtful  whether  the  penitent  has  sinned  against  purity, 
the  confessor  should  make  use  of  general  terms  only,  so  that  if 
the  penitent  has  sinned,  he  may  know  it,  and  if  he  has  not, 
may  learn  nothing  new  and  dangerous.  The  confessor  should 
generally  begin  with  the  lesser  sins,  and  gradually  proceed  to  the 
greater  ones.  He  should  begin  with  impure  thoughts,  wishes, 
listening  to,  or  uttering,  impure  words,  and  ask  if  he  has  had 
temptations  against  holy  purity,  etc.,  and  proceed  thus  to  ques- 
tions about  acts.  If  the  penitent  denies  having  willingly  enter- 
tained impure  thoughts,  he  must  not  ask  if  he  has  sinned  by 
impure  actions ;  if  the  penitent  confesses  interior  sins  of  impurity, 
let  the  confessor  ask  if  he  has  listened  to  impure  talk,  or  uttered 
such  himself,  if  he  has  been  guilty  of  immodesty  by  looking  or 
touching.  If  he  answers  this  also  in  the  affirmative,  he  should 
ask  (if  the  penitent  is  an  adult)  if  he  has  committed  any  im- 
modest act,  or  wished  to  do  so;  for  there  are  penitents  who, 
if  they  are  not  asked,  conceal  such  sins,  believing  that  they 


386  THE    MINISTER    OF    THE    SACRAMENT 

satisfy  their  duty  if,  by  some  remark,  they  give  the  confessor 
opportunity  to  question  them.  The  confessor  must  sometimes 
deviate  from  this  order,  when,  for  instance,  the  penitent  has 
already,  of  himself,  confessed  that  he  has  committed  grave  sins 
against  purity,  or  when  he  is  ill  informed.  For  the  common 
people  often  do  not  consider  the  delectationes  morosas  and  the 
desideria  as  sins,  at  least  when  they  did  not  wish  to  proceed  to 
acts;  it  is  the  same  with  immodest  talk,  which  they  call  joking. 
Such  penitents  must,  as  a  rule,  be  questioned,  and,  in  the  first 
place,  if  they  have  done  anything  immodest,  then  if  they  have 
carried  on  talk  of  this  kind,  and  lastly  concerning  the  interior 
sins.  The  confessor  will  sometimes  observe  that  those  who 
accuse  themselves  of  sins  of  thought  only,  have  also  sinned  by 
impure  talk  and  actions,  either  because  they  scarcely  distinguish 
the  thoughts  from  the  actions,  and  believe  that  they  confessed 
the  actions  also  by  accusing  themselves  of  the  sinful  thoughts, 
or  that  they  wish  to  give  the  confessor  an  opportunity  of  ques- 
tioning them  about  the  actions  of  which  they  do  not  venture  to 
accuse  themselves,  unless  they  are  helped  by  the  confessor. 


219 


219  Cf.  ^Ertnys,  Practic.  Inst.  Confessar.  P.  II.  Cap.  II.  art.  1,  §  1,  p.  27, 
n.  30;  Theol.  Moral.  1.  c.  n.  276;  Lehmkuhl,  I.e.  n.  420;  Gury,  1.  c.  II.  n. 
616;  Reuter,  Neo-Confessar.  P.  1,  cp.  3.  Cf.  P.  II.  cp.  II.  art.  1,  2,  3,  cp.  3, 
art.  1  ;  Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  II.  n.  895  (where  also  some  ex- 
amples are  given) ;  Benger,  Pastoraltheologie,  II.  Vol.  4  Book,  §  162, 
p.  112  ff.  (2  ed.);  Zenner,  1.  c.  P.  II.  Sect.  1,  cp.  1,  art.  II.  §  83-96.  Segneri's 
most  appropriate  instruction  deserves  to  be  taken  to  heart  by  the  confessor : 
( 'upio  magnopere,  te  parcum,  gravemque  esse  interrogando  circa  materiam  luxu- 
ries, ne  tibi  accidat,  quod  pictori,  qui  cum  Helenam  exquisita  diligentia  depingeret, 
ejusdem  cupiditate  exardescere  ccepit  et  accendi.  Utere  proinde  verborum  mo- 
destia,  et  quamvis  subinde  circumstantia  maneret  tecta,  quce  alioquin  ad  integrita- 
tetn  materialem  spectaret,  nihil  interest:  aliud  enim  majus  bonum  prcevalet. 
Adeo  foztet  palus  ista,  ut  consultum  nan  sit,  vel  a  Pcenitente  vel  a  Confessario  ubi 
opus  non  sit,  moreri:  sufficit  requirere  speciem  patrati  sceleris,  non  vero  modum: 
et  si  ipsi  vel  ex  irreverecundia  vel  ex  ignorantia  hunc  vellent  declarare,  suaviter 
mone,  necessarium  non  esse.  Expediret  Jiac  in  re  imitari  Philosophum  ilium,  qui 
veritus,  ne  loquendo  os  conspurcaret,  carbon e  descripsit.  Instruct.  Confessar. 
cap.  II.  Cf.  Bugo,  I.e.  Disp.  16,  Sect.  14,  n.  595;  Coninck,  De  Sacram. 
Disp.  8,  dub.  17,  n.  121. 


NATURE    OF    QUESTIONS    TO    BE    PUT    TO    PENITENT     387 

But  with  all  these  questions  lot  tlio  confessor  bo  prudent  and 
cautious.  An  imprudent  confessor  who  neglects  the  necessary 
measures  of  precaution,  may  easily  draw  upon  himself  a  denun- 
ciation, ac  si  sollicitationis  reus  sit. 

On  this  account  he  must  not  ask  married  people  bluntly  and 
without  preliminary  question  if  they  have  rendered  to  each  other 
the  debitum  conjugate,  unless  a  valid  reason  or  grounded  suspi- 
cion justifies  such  question.  He  can,  perhaps,  in  quite  a  general 
way,  ask  a  wife  if  she  has  been  obedient  to  her  husband  in  all 
her  duties,  or  if  they  have  lived  their  married  lives  in  a  truly 
Christian  manner.  If  anything  in  conjugali  debito  that  troubles 
the  conscience  has  really  taken  place,  opportunity  is  given  to 
the  penitent  of  saying  so  himself,  and  then  it  is  for  the  confessor 
either  to  investigate  further,  or  to  instruct,  which  should,  how- 
ever, be  generally  done  in  only  a  few  words.220  Finally,  the 
questions  must  be  asked  at  (d)  the  right  time.  Some  questions 
are,  as  a  rule,  to  be  put  before  the  accusation  begins,  for  exam- 
ple (if  the  penitent  does  not  say  it  of  himself),  when  he  last  con- 
fessed; for  this  question  contributes  much  towards  a  better 
knowledge  of  the  number  of  the  sins,  and  as  to  whether  the  peni- 
tent seldom  or  often  receives  the  holy  Sacraments,  and  whether 
greater  or  less  care  is  necessary  with  him;  this  is,  too,  the  almost 
general  practice  of  confessors.  Questions  concerning  the  posi- 
tion, age,  etc.,  of  the  penitent  are  more  expediently  asked  in 
the  course  of  the  confession,  when,  on  account  of  some  sin, 
occasion  offers  itself,  or,  which  seems  to  be  preferable,  at  the  end 
of  the  accusation.  Other  questions  which  appear  necessary 
for  the  completion  of  the  confession  or  for  better  understanding 
the  state  of  the  penitent's  soul,  the  confossor  would  best  put 
when  the  accusation  is  finished.  Penitents  are  often  confused  by 
being  interrupted  with  questions,  and  cannot  properly  complete 
their  confession.     Let  the  confessor,  therefore,  keep  in  his  mind 

220  Cf .  S.  Poenit.  8  June,  1842 ;  Lehmkuhl,  1.  c.  n.  420. 


388  THE    MINISTER    OF    THE    SACRAMENT 

the  individual  sins  concerning  which  he  must  ask  questions  for 
the  purpose  of  completeness.  Let  it  be,  therefore,  the  rule,  not 
to  interrupt  the  penitent  in  his  confession,  unles?  a  question 
should  be  immediately  necessary.221 

After  the  confession  the  confessor  should  ask  the  penitent  if 
anything  still  weighs  upon  his  conscience ;  especially  let  Mm  ask 
illiterate  people  who  seldom  confess,  if  they  are  heartily  sorry 
for  their  sins,  and  if  they  purpose  firmly  to  avoid  sin. 

On  all  occasions  let  the  confessor  avoid  putting  many  ques- 
tions, and  confine  himself  to  necessary  ones.  In  an  especial 
manner  let  him  avoid  all  that  does  not  appertain  to  the  confes- 
sion. He  must  remember  that  there  are  many  penitents,  espe- 
cially men  of  some  position,  to  whom  much  questioning  by  the 
confessor  is  irritating. 

Moreover,  let  the  confessor  ask  clearly,  according  to  the  intel- 
ligence of  the  penitents,  so  that  these  may  perfectly  understand 
and  be  able  to  answer  correctly  and  shortly;  the  questions 
should,  therefore,  as  a  rule,  not  be  of  a  general  nature,  but  con- 
crete, brief,  and  simple.  Sometimes,  when  the  penitents  are 
of  very  limited  mental  capacity,  the  questions  must  be  repeated 
in  different  words.  He  must  ask  in  good  order,  proceeding  from 
the  beginnings  of  sin  to  the  completed  acts,  from  the  lighter  to 
the  more  grievous;  from  the  usual  to  the  extraordinary;  before 
asking  about  the  species  and  the  number,  he  must  satisfy  him- 

221  An  exception  can  be  made  when  the  penitent  has  written  his  sins,  and 
reads  them,  moreover,  when  the  penitent  is  not  able  to  make  known  his 
sins,  and  the  confessor  is  obliged  from  the  beginning  of  the  confession  to 
help  by  means  of  questions,  he  should  not  in  that  case  proceed  to  another 
point  till  he  is  quite  clear  as  to  the  one  in  question.  When  the  penitent 
wishes  to  explain  something  to  the  confessor,  the  latter  should  not  prevent 
him  (unless  it  is  concerning  things  which  are  useless,  not  to  the  point,  or 
mere  excuses,  or  which  incriminate  others),  he  should  rather  allow  him 
time  to  reveal  his  misery  and  his  scruples;  this  especially  applies  when  the 
penitent  seldom  confesses,  or  has  come  from  a  distance,  or  is  making  a  gen- 
eral confession;  the  confessor  must  then  receive  him  with  all  love  and  kind- 
ness, and  must  see  that  his  conscience  is  quite  set  at  rest. 


NATURE    OF    QUESTIONS    TO    BE    PUT    TO    PENITENT     389 

self  as  to  whether  there  was  consent.  The  confessor  must  ask 
kindly  and  gently,  so  that  the  penitent  may  feel  that  the  con- 
fessor is  treating  him  with  truly  paternal  love.  His  special 
pattern  must  be  the  love  and  gentleness  of  Jesus  towards  sinners 
of  which  the  Gospel  furnishes  so  many  examples;  in  this  way 
the  confessor  wins  for  himself  that  confidence  which  is  so  neces- 
sary, and  induces  the  penitent  to  confess  all  his  sins  sincerely, 
whereas  harshness  intimidates  the  penitent  and  seals  his  mouth. 
The  insincerity  of  the  penitent,  and  consequently  the  incomplete- 
ness of  the  confession,  would  thus  be  the  fault  of  the  confessor, 
who  has  to  see  that  there  is  integrity.  Let  the  confessor,  there- 
fore, refrain  from  every  harsh  word,  make  the  penitent  no 
reproach  before  the  confession  is  complete,  show  no  sign  of  dis- 
pleasure or  surprise.  Illiterate  penitents,  those  who  have  not 
confessed  for  a  long  time,  and  find  confession  hard,  should  bo 
encouraged  in  a  kindly  manner  to  accuse  themselves  sincerely 
of  all  their  known  sins,  before  the  confession  begins.222 

As  to  questions  in  particular,  some  refer  to  the  object,  others 
to  the  circumstances,  and  others  to  the  number  of  the  sins. 
With  regard  to  the  object,  it  is  advisable  that  the  confessor, 
keeping  in  view  the  different  classes  in  life,  should  arrange  ques- 
tions for  himself  in  the  order  of  the  Commandments,  and  impress 
them  upon  his  memory,  so  that  he  may  make  a  right  use  of  them 
when  necessary.  But  whether  the  penitent  is  likely  to  have 
committed  other  sins  besides  those  which  ho  has  confessed, 
touching  which  the  confessor  may  be  bound  to  put  questions 
to  him,  must  be  inferred  from  the  penitent's  occupation  and 
manner  of  life,  as  also  from  the  circumstances  by  which  certain 
sins  become  the  motives,  or  concomitants,  of  other  sins  (for  ex- 
ample, drunkenness  is  generally  the  cause  of  quarreling,  blas- 
phemy, impure  thoughts,  words,  etc.).  Moreover,  it  may 
happen  that  the  penitent  has  a  false  conscience,  a  thing  from 

222  Cf.  Monita  S.  Francisci  Salesii  ad  Confessarios,  cp.  1,  art.  2,  §  7. 
Aertnys,  Tnstr.  pract.  Confess.  1.  c.  n.  29,  Q.  2. 


390  THE    MINISTER    OF    THE    SACRAMENT 

which  illiterate  penitents  not  seldom  suffer,  and,  in  consequence, 
confesses  as  grave  sins,  what,  upon  questioning,  prove  to  be  only 
venial  sins.  On  the  other  hand,  in  order  to  form  a  sure  judg- 
ment as  to  the  gravity  of  the  sins,  the  confessor  should  not  ask 
uneducated  people  whether  they  regarded  the  sins  as  venial  or 
mortal,  for  such  people  say  just  what  comes  into  their  heads, 
as  St.  Alphonsus  testifies  ("ut  ego  millies  observavi") ,  and  if  the 
confessor  repeats  the  same  question  in  a  different  way  after- 
wards, they  will  answer  the  exact  opposite.223 

As  to  the  circumstances  the  confessor  must  see  that  the  accu- 
sation of  the  penitent  and  his  own  questions  are  confined  to 
those  which  ought  of  necessity  to  be  mentioned;  nor  should  he 
ask  about  such  circumstances  as  are  unlikely  to  occur  in  the 
case  of  his  penitents.224 

As  to  the  number  of  the  sins,  the  confessor  must  inquire  if 
the  penitent  does  not  mention  it  when  confessing  mortal  sins, 
and  it  is  beneficial  to  admonish  him  to  give  in  future  the  num- 
ber, when  he  believes  the  sins  to  be  mortal.225  If  interior  sins, 
such  as  hatred,  impurity,  etc.,  have  become  habitual,  the  con- 
fessor has,  in  most  cases,  performed  his  duty  when  he  has  found 
out  the  greater  or  less  frequency  in  the  day  or  the  week,  because 
a  more  exact  enumeration  of  these  sins  is  hardly  possible.  And 
if  some  one  confesses  multa  desideria  erga  quaslibet  feminas 
obvias,  the  number  is  sufficiently  indicated  by  the  penitent 
confessing,  se  modo  nwptas  modo  innuptas  concupivisse.  More- 
over, when,  with  habitual  sinners,  the  confessor  himself  suggests 
a  number,  in  order  to  obtain  an  estimate  of  the  real  number, 
let  him  choose  a  number  higher  than  he  expects  to  hear,  so  that 
the  penitent  may  be  able  to  reduce  it,  or  to  add  only  slightly 
to  it,  according  to  circumstances;  if  he  merely  assent  to  the 
number,  the  confessor  can  then  propose  a  higher  one.  In  addi- 
tion, the  confessor  must,  where  it  is  necessary,  inquire  into  the 

223  praxis  Confess,  n.  20. 

224  Stang,  Pastoral  Theology,  Book  IT.  c.  4,  §  25.         «■  Ibid.  §  33,  n.  3. 


NATURE    OF    QUESTIONS    TO    BE    PUT    TO    PENITENT     391 

dispositions  of  the  penitent  —  as  a  necessary  preparation  for 
absolution;  if  he  is  willing,  for  instance,  to  make  restitution, 
to  remove  the  immediate  occasion  of  sin,  if  he  is  willing  to  for- 
give, etc.  He  must  ask  a  relapsing  sinner,  during  what  length 
of  time,  from  the  last  confession,  he  refrained  from  sin,  how  long 
he  resisted  temptation,  employed  the  remedies,  etc.,  for  the  guilt 
is  not  the  same  if  the  penitent  overcame  himself  for  a  consider- 
able time,  or  if  he  did  not  sin  because  the  occasion  was  wanting, 
or  he  was  not  assailed  by  great  temptation.220 

For  younger  and  inexperienced  confessors  we  would  suggest 
that  penitents  not  seldom227  conceal  sins.  This  generally  hap- 
pens :  (1)  from  false  shame  in  confessing  certain  sins  of  impurity, 
sacrilegious  confessions  and  communions,  and  acts  of  injustice; 
this  shame  is  greatly  increased  by  a  certain  natural  shyness, 
especially  in  young  women;  (2)  from  fear  of  losing  the  respect 
of  the  confessor,  and  (3)  from  fear  of  reproof  or  of  refusal  of 
absolution. 

The  confessor  must  devote  special  care  to  these  unhappy 
penitents.  "It  cannot  be  described  how  much  the  zeal  of  an 
experienced  confessor  can  effect  with  them,"  says  the  venerable 
Paul  Segneri,  and  entering  into  the  practical  treatment  of  these 
penitents,  he  writes :  "  Through  a  little  opening,  that  is,  after 
the  penitent  has  confessed  some  lesser  fault,  let  the  confessor 
procure  for  himself  further  access  to  his  heart,  and,  having 
gained  entrance,  seek  what  hidden  sins  there  are  to  be  found." 
And,  giving  an  example,  he  proceeds:  "When  a  youth  comes 
to  you  to  confess,  and  accuses  himself  of  carrying  on  love  affairs, 
indulging  in  frivolous  talk,  allowing  his  eyes  too  much  liberty, 
and  acids  nothing  more  to  this,  let  the  confessor  proceed  skill- 
fully from  the  talk  and  the  looks,  and  examine  into  the  impure 
thoughts,  and  the  consent  given  to  them;    from  these  to  the 

226  Cf.  Aertnys,  Institut.  pract.  1.  c.  n.  30. 

227  Cf.  S.  Alph.  Silva,  part  3,  cp.  10  ;  Segueri,  Instructio  Poenitent.  cp. 
10  et  seq. 


392  THE    MINISTER    OF    THE    SACRAMENT 

immodest  acts  which  the  penitent  has  committed  with  himself 
or  with  others.  But  prudence  is  necessary  that  mistakes  may 
not  be  made.  For  here  a  wound  is  to  be  cleansed,  there  care 
to  be  taken  that  the  healthy,  uncontaminated  part  be  not  in- 
fected, that  evil  still  unknown  may  not  be  learnt.  Doubt  not 
that  light  from  heaven,  which  you  must  invoke,  and  experi- 
ence constantly  increasing  with  practice,  will  show  you  the  safe 
way  between  these  two  rocks.  ...  It  is  scarcely  to  be 
believed  how  useful  it  is  to  so  formulate  the  questions  yourself 
that  the  penitent  has  nothing  to  say  but,  'Yes,'  or  'No.' 
What  a  comfort  it  was  to  the  Samaritan  woman  to  be  able  to 
declare:  'I  have  found  some  one  who  has  told  me  all  that  I 
have  done.'  If  she  had  been  called  upon  to  confess  her  sins 
herself,  who  knows  if  she  could  ever  have  been  brought  to  do 
so?  But  when  she  saw  herself  with  such  gentleness  probed 
and  fathomed  by  Christ,  it  was  no  longer  difficult  for  her  to  con- 
fess." .  .  .  "But  in  such  confessions,"  adds  Segneri,  "refrain 
from  every  sign  by  which  the  penitent  could  infer  that  the  sins 
confessed  to  you  seem  very  grave.  Remind  him  of  the  joy  in 
heaven  over  the  conversion  of  a  single  sinner,  and  of  the  peace 
of  mind  with  which  he  can  go  home,  blessing  a  thousand  times 
the  clay  on  which  he  delivered  his  conscience  from  such  a  bur- 
den." 228 

Whilst  the  confessor  cannot  always  prevent  the  concealment 
of  sins ;  yet  in  many  cases  he  will  by  prudent  inquiry  succeed 
in  procuring  sincere  confessions.  To  this  end,  he  must  receive 
penitents  with  cordial  friendliness,  benevolence,  and  gentleness, 
reminding  them  that  a  confession  which  is  not  made  with  full 
sincerity  is  invalid  and  sacrilegious ;  and  that  Satan,  crafty  and 
envious,  awakens  false  shame  in  penitents,  in  order  to  rob  them 
of  the  effects  of  grace  in  this  Sacrament. 

Let  the  confessor  also  observe  the  following  special  remedies: 

328  Instructio  Confessar.  cp.  2. 


NATURE    OF    QUESTIONS    TO    BE    PUT    TO    PENITENT     393 

1.  In  order  to  remove  false  shame,  let  the  penitent  understand 
that  a  priest  often  hears  much  more  shameful  and  serious  sins; 
that  the  penitent  is  not  known  to  him ;  let  the  priest  encourage 
the  penitent  and  defer  reproof  till  the  end  of  the  confession; 
remind  him  of  the  seal  of  the  confessional  to  which  the  con- 
fessor is  most  strictly  bound,  but  also  of  the  certain  disclos- 
ing of  the  concealed  sins  before  the  whole  world  at  the  Last 
Judgment.  2.  In  order  to  remove  fear  of  losing  the  esteem 
of  the  confessor,  the  confessor  should  avoid  familiarity  with  his 
penitents,  not  visit  them  at  their  homes  without  urgent  neces- 
sity, and  not  permit  them  to  come  to  his  house  to  speak  about 
matters  of  conscience,  as  such  things  are  to  be  treated  in  the 
confessional.  Moreover,  he  must  not  object  to  his  usual  peni- 
tents occasionally  confessing  to  another  confessor;  and  if  they 
have  done  so,  he  should  commend  them  for  it;  an  exception  is 
to  be  made  here  in  the  case  of  scrupulous  persons,  who,  by  so 
doing,  might  only  become  the  more  confused,  because  another 
confessor  would  not  know  them  as  scrupulous  persons.  — 
"Caveat  Confessarius,  ne  motiva  naturalia  et  humana  adhibeat 
ad  ftduciam  poenitentium,  mulierum  prweipue,  sibi  conciliandam ; 
id  quippe  periculosum  est."  229 

It  follows  from  the  above,  that  the  confessor,  at  the  end  of  the 
confession,  may,  and  should,  kindly  ask  unknown  penitents 
(whose  sincerity  he  justly  doubts)  if  anything  in  their  past 
lives  still  troubles  their  conscience,  and  encourage  them  to  con- 
fess everything.  By  such  questions  not  a  few  persons,  espe- 
cially of  the  uneducated  class,  and  women,  and  children,  are 
saved  from  sacrilege,  —  that  is  to  say,  they  are  induced  to  confess 
sins  hitherto  concealed;  or  the  confessor  may  take  occasion, 
from  the  silence  or  a  confused  answer,  prudently  to  investigate 
the  matter  further.  If,  however,  he  discovers  some  defect  in 
former  confessions,  he  must  admonish  the  penitent  to  repeat 

229  Cf.  Aertnys,  Instr.  pract.  1.  c.  §  1,  p.  32  s.  Cf.  S.  Alph.  Praxis  Confess, 
n.  19  ss. 


394  TIIE    MINISTER    OF    THE    SACRAMENT 

these  invalid  confessions  by  a  general  confession  and  assist  him 
in  doing  so.230 

If  the  penitent  declares  that  he  has  nothing  more  of  which  to 
accuse  himself,  absolution  must  be  given  him  —  if  he  is,  in  other 
respects,  worthy  of  it;  for  in  cases  of  doubt  as  to  the  honesty 
of  a  penitent,  there  is  no  other  means  of  arriving  at  the  truth 
than  by  the  testimony  of  the  penitent  himself,  as  he,  himself, 
is  defendant  and  witness.231 

But  what  is  the  confessor  to  do  if  he  knows  positively  that  the 
penitent  has  concealed  or  denied  a  sin? 

1.  If  he  has  obtained  this  knowledge  outside  of  the  confes- 
sional, and  that  (a)  by  his  own  observation  (ex  propria  experi- 
entia),  having  himself  seen  or  heard  the  sin  of  the  penitent,  he 
cannot  absolve  him  as  long  as,  on  the  one  hand,  the  latter, 
when  questioned,  obstinately  denies  having  committed  the  sin, 
and  while,  on  the  other  hand,  the  confessor  knows  positively 
that  the  sin  in  question  has  not  in  the  meantime  been  confessed 
to  another  priest.  For  then  defect  in  formal  integrity  has  been 
demonstrated.  If  the  confessor  has  obtained  his  knowledge 
(b)  on  the  statement  of  another,  he  must,  as  a  rule,  absolve  the 
penitent,  even  if  he  when  carefully  questioned  denies,  for  here 
the  declaration  of  the  penitent  himself  is  to  be  preferred  to  the 
testimony  of  others;  these  latter  may  have  been  in  error.  More- 
over, the  confessor  can  assume  that  the  penitent,  if  he  really 
committed  the  sin,  has  forgotten  it,  or  confessed  it  to  another 
priest,  or  has  some  lawful  ground  for  concealing  it  now.  But 
if  the  witnesses  were  so  trustworthy  that  no  doubt  could  be  enter- 
tained as  to  their  statements,  and  if  the  confessor  knew  positively 
that  since  committing  the  sin  the  penitent  had  not  confessed  to 
another  priest,  and  also  that  he  could  not  have  forgotten  it, 
he  cannot,  as  long  as  the  penitent  denies  the  sin,  absolve  him, 

230  See  Stang,  Pastoral  Theol.  1.  c.  on  general  confession. 

231  S.  Alph.  Lib.  VI.  n.  631;  S.  Thorn.  Opusc.  12,  Q.  6,  and  Quodlib.  1,  a. 
12  et  17.     Cf.  Gury,  II.  n.  618.  Ed.  Ratisb. 


NATURE    OF    QUESTIONS    TO    BE    PUT    TO    PENITENT      395 

because,  in  this  case,  a  lie  on  the  part  of  the  penitent,  quite 

inconsistent   with    the    integrity   of    the   confession,    has    been 
demonstrated;    this  case,  however,  will  seldom  occur. 

2.  If  the  confessor  has  obtained  his  knowledge  from  the  con- 
fession of  the  accomplice  {complex)  he  is  not  allowed  specially 
to  question  the  penitent  concerning  this  sin,  if  he  has  not  received 
from  the  accomplice  express  permission  to  do  so,  or  if  this  sin 
does  not  generally  occur  with  people  in  that  station,  or  in  those 
circumstances;  otherwise  he  may  only  ask  the  penitent  in  a 
general  way,  as  he  would  in  any  case  have  done,  or  should  have 
done, — for  example,  if  anything  more  troubles  his  conscience; 
and  he  can,  in  a  general  way,  without  letting  his  knowledge  be 
suspected,  exhort  him  to  confess  his  sins  sincerely;  but  the 
danger  of  breaking  the  seal  of  the  confessional  -  by,  perhaps, 
asking  the  penitent  the  same  thing  several  times  —  must  be 
carefully  avoided.  As  to  whether  he  can  absolve  such  a  peni- 
tent is  a  controverted  point.  After  quoting  the  opinion  of 
others  on  the  subject,  St.  Alphonsus  teaches:  "In  my  judg- 
ment the  opinion  of  Lacroix  is  to  be  preferred,  that  is,  the  con- 
fessor should  not  absolve,  not  even  sub  conditione,  but  should 
say  a  prayer,  to  conceal  the  fact  that  absolution  is  refused, 
because,  in  this  manner,  he,  on  the  one  hand,  saves  the  seal  - 
revealing  nothing  and  inconveniencing  no  one  —  and,  on  the 
other  hand,  he  has  regard  for  the  reverence  due  to  the  Sacra- 
ment by  preventing  its  frustration."  2: 


232 


232  Cf.  S.  Alph.  Lib.  VI.  n.  631 ;  II.  Ap.  n.  120 ;  Lacroix,  Lib.  VI.  P.  II. 
n.  1900;  Miiller,  1.  c.  Lib.  III.  Tr.  II.  §  152;  Scavini,  Lib.  III.  n.  381; 
Kenrick,  Tract.  18,  n.  216;  Schneider,  Manuale  Sacerd.  Ed.  VI.  pp.  428-429 ; 
Konings,  etc.  This  opinion  and  practice  was  first  introduced  by  Illsung  (a 
German  Jesuit,  who  died  in  1695),  Theol.  practica  univers.  Tract.  6,  Disp.  6, 
Q.  4,  art.  7,  §  4,  n.  128,  erroneously  appealing  to  the  testimony  of  Suarez, 
who  (De  Poen.  Disp.  32,  Sect.  3,  n.  9),  however,  teaches  the  exact  opposite: 
Respondetur,  regulariter  standum  esse  confessioni  et  dicto  pcenitentis:  unde 
quantumcunque  confessor  sciat  peccatum  pcenitentis  ex  aliorum  relatione  (there- 
fore, in  confessione  also)  tenetur,  in  hoc  judicio  tnagis  credere  ipsi  pcenitenti, 
propter  rationem  factam.     Lacroix  took  this  opinion  from  Illsung  with  the 


396  THE    MINISTER    OF    THE    SACRAMENT 

Other  theologians  teach  with  Suarez  that  absolution  may 
only  be  refused  when  it  is  quite  evident  that  the  penitent  is 
telling  a  lie  to  the  prejudice  of  the  integrity  of  the  confession. 
Indeed,  not  a  few  teach  that  absolution  must,  in  every  case, 
be  given  to  the  penitent  who  denies  his  sin,  when  the  knowledge 
of  this  sin  was  obtained  only  from  the  confession  of  another,  as 
this  knowledge  is  to  be  regarded  as  not  existing.  This  opinion 
is  sufficiently  probable,  and  deserves  the  preference,  especially 
as  it  safeguards  the  sigillum.  We  must,  moreover,  consider 
that  we  can  scarcely  have  a  certainty  that  the  penitent  is  con- 
fessing sacrilegiously,  quite  apart  from  the  consideration  that  it 
is  not  lawful  to  make  use  of  knowledge  gained  in  the  con- 
fessional for  the  spiritual  guidance  of  another.  Absolution  sub 
conditione  can  also  be  given  in  this  case,  as  this  course  preserves 
the  reverence  due  to  the  Sacrament.233 

But  it  is  the  confessor's  duty  not  only  to  understand  the  sins 
and  to  supplement  the  confession ;  he  must  also  form  for  himself 
a  judgment  concerning  the  gravity  of  sins  which  he  has  heard. 
Although  he  must  hear  and  understand  all  the  sins  of  the  peni- 
tent, and  would  sin  if  he  absolved,  and  had  failed  through  his 

alleged  testimony  of  Suarez,  adding,  ex  inadvertentia,  Dicastillo  as  a  further 
witness,  whom  Illsung  had  quoted  for  another  purpose.  St.  Alphonsus 
reckons  Viva  also  among  these,  who,  however,  does  not  adhere  to  this 
opinion.  Cf.  Ballerini,  Nota?  ad  Gury,  II.  n.  619,  who  finally  remarks: 
Ista  opinio  igitur  lota  debetur  hallucination!,  qua;  perperam  Suaresii,  Dicastilli 
et  Vivaz  auctoritatem  adduxit.     Op.  Theol.  Mor.  1.  c.  cp.  II.  nn.  890-895. 

233  Cf.  Lugo,  Disp.  22,  n.  22 ;  Elbel,  De  Sacram.  in  gen.  confer.  2,  n.  44  et 
de  Pcenit.  n.  453  ;  Laymann,  Lib.  V.  Tract.  6,  cp.  14,  n.  24  ;  Mazzotta,  Tr.  6, 
Disp.  2,  Q.  2,  cp.  2,  §  3  ;  Billuart,  Diss.  6,  art.  10,  §  2  ;  Gury,  1.  c. ;  Aertnys,  1.  c. 
n.  278.  Lehmkuhl  (1.  c.  n.  429)  says  that,  considered  by  itself,  the  confessor 
may  but  is  not  obliged  to  adopt  the  opinion  of  St.  Alphonsus  ;  that  there  is 
only  this  point  in  its  favor,  that  without  inconveniencing  the  penitent,  or 
without  revealing  the  other  confession,  sacrilege  can  be  avoided.  But  the 
penitent  commits  a  sacrilege  whether  the  confessor  gives  him  absolution  or 
not.  On  the  other  hand,  the  administration  of  the  absolution  by  the  con- 
fessor is  only  a  material  cooperation,  and  one  cannot  oblige  him,  in  order  to 
avoid  this,  to  make  use  of  knowledge  gained  from  the  confession  of  another. 
Cf.  Gobat,  1.  c.  Tract.  7,  n.  875. 


NATURE    OF    QUESTIONS    TO    BE    PUT    TO    PENITENT      397 

own  fault  to  take  cognizance  of  a  mortal  sin,  it  is  not  necessary 
for  him  to  pass  judgment  on  everything  he  hears  from  the  peni- 
tent. It  is  sufficient  if  he  is  able  to  do  this  in  regard  to  the  sins 
which  usually  occur;  for  the  rest  let  him  hear,  take  note,  and 
then  absolve.  Thus  St.  Alphonsus,234  and  other  theologians. 
Lehmkuhl  remarks,  that  this  necessary  judgment  is  formed  as 
soon  as  the  confessor  hears  the  sins,  provided  that  he  has  an 
habitual  knowledge  which  enables  him  to  distinguish  objectively 
grave  and  venial  sins,  and  to  apprehend  their  specific  sinfulness. 
Whether  the  subjective  malice  has  any  proportion  to  the  sin 
considered  objectively  cannot  always  be  ascertained,  though  it 
may  generally  be  presumed ;  nor  is  it  always  possible  to  discover 
it.  Such  questions,  therefore,  should  not  be  asked  (unless, 
perhaps,  in  the  case  of  well-instructed  penitents),  for  they  are 
quite  useless.  It  is  a  different  matter  with  questions  regarding 
the  advertence  and  the  consent  of  the  will,  and  the  objective 
gravity  of  the  sins,  in  so  far  as  it  depends  upon  the  circumstances. 
Such  questions  the  confessor  must  ask  per  se,  when  the  confession 
of  the  penitent  leaves  it  doubtful  if  the  materia  has  been  gravis 
or  levis,  and  no  penitent,  be  he  who  he  may,  can  be  offended 
by  such  questions ;  nevertheless,  it  is  not  always  necessary  to 
put  these  questions,  as,  sometimes,  a  confessor  may  content  him- 
self with  a  presumption  based  upon  the  conscience  of  the  peni- 
tent well  known  to   him,  or  other   indications.235     The  priest 

284  L.c.  n.  627;  H.  Ap.  n.  104. 

285  Cf.  Lehmkuhl,  1.  c.  n.  421.  He  also  cites  some  examples  from  other 
authors,  for  instance,  Gobat  (Tract.  7,  n.  338)  :  "  Si  religiosus,  a  castitate  mihi 
notus,  diceret,  se  semel  turpia  locutum  esse,  prcesumerem,  hcec  esse  scurrilia,  non 
contra  castitatem."  Attamen  hcvc  potius  per  exceptionem  dicuntur;  nam  genera- 
lis  regula  est  ut,  si  brevi  interrogationc  confessarius  dubium  de  gravi  ant  leri 
peccato  solvere  possit,  hanc  instituere  debeat.  Mazzotta  furnishes  a  further 
example  (1.  c.  Q.  II.  cp.  2,  §  2)  :  "  A  confessor  who  (involuntarily  or  acci- 
dentally) is  distracted,  and,  because  knowing  the  state  of  the  conscience  of 
his  penitent,  can  presume  that  what  he  missed  was  something  unimportant, 
may  remain  silent  about  it  and  absolve,  if  questions  would  be  regarded  as 
troublesome."     Indeed,  Gobat  adds  :  If  the  confessor  knew  from  experience 


398  THE    MINISTER     OF    THE    SACRAMENT 

must  pronounce  judgment,  as  we  have  said,  on  the  gravity  of  the 
sins,  and  have  in  his  memory  the  sins  confessed  by  the  penitent, 
not  as  Suarez  states,  in  order  to  absolve,  but  in  order  to  form  a 
correct  judgment  of  the  moral  state  of  the  penitent,  and  of  his 
dispositions  for  the  reception  of  absolution,  and  in  order  to 
impose  a  suitable  penance.236 

50.    The  Examination  of  the  Dispositions  of  the  Penitent. 

The  dispositions  of  the  penitent  consist  in  true  sorrow  and 
firm  purpose  of  amendment.  They  are  at  the  same  time  the 
quasi  materia  of  this  Sacrament,  so  that  if  they  are  wanting  the 
absolution  is  invalid.  The  minister  of  the  Sacrament  of  Pen- 
ance must,  therefore,  make  it  a  point  to  determine  whether 
the  penitent  is  properly  disposed.  But  as  this  disposition  is 
an  interior  matter,  there  arises  for  the  confessor  the  great  diffi- 
culty of  knowing  by  what  sign  he  may  recognize  it. 

Hence  the  following  principles :  — 

I.  It  is  the  duty  of  the  confessor  diligently  to  examine  whether 
the  penitent  is  properly  disposed.  This  is  evident  from  our 
introductory  remarks,  also  from  the  fact  that  the  confessor  is 
a  judge,  and  it  is  the  duty  of  a  judge  to  form  an  opinion  of  the 
worthiness  or  unworthiness  of  the  accused.  Finally,  it  results 
from  the  fact  that  he  has  to  discharge  his  important  office  as  a 
dispensator  fidelis,  and,  as  such,  may  not  give  Sanctum  canibus.237 
Therefore,  Suarez  says:  "Before  the  confessor  absolves  he  must 
prudenter  et  probabiliter  judicare,  if  the  penitent  is  disposed, 

that  his  penitent  generally  committed  no  mortal  sins,  but  (e.g.)  only  accused 
himself  of  little  falsehoods,  he  can  absolve  him  even  if,  on  account  of  dis- 
traction, he  does  not  know  a  single  sin  of  which  the  penitent  accused  him- 
self; but  it  is  advisable  in  practice  to  make  the  penitent  repeat  at  least  a 
venial  sin,  perhaps  the  last,  and  then  absolve.  Lehmkuhl's  caution,  how- 
ever, is  to  be  observed,  namely,  not  to  apply  in  a  more  general  way  that 
which  is  prescribed  for  an  extraordinary  case.     Cf.  Lehmkuhl,  1.  c.  n.  421. 

236  Cf.  Suarez,  De  Pcenit.  Disp.  22,  s.  6,  n.  7;  Mazzotta,  1.  c. 

•3'  Cf.  S.  Alph.  H.  Ap.  n.  117. 


EXAMINATION    OF    THE    DISPOSITIONS    OF    PENH  EXT      399 

because  he  would  otherwise  expose  himself  to  the  danger  of 
making  mistakes,  and  would  act  without  sufficient  knowledge."238 

II.  The  confessor  must  arrive  at  a  certitudo  moralis,  that  is, 
a  reasonable  and  probable  judgment,  that  the  penitent  is  dis- 
posed. This  judicium  prudens  et  probabile  is  necessary,  as  it  is 
not  allowed  (except  in  case  of  necessity)  to  administer  the  Sac- 
rament cum  prudenti  dubio  as  to  its  validity;  but,  on  the  other 
hand,  it  is  also  sufficient  because  the  disposition  of  the  soul  is  an 
interior  matter,  the  exterior  signs  and  indications  of  which  pro- 
duce, generally,  only  a  moral  certainty,  a  probability.  The  proper 
disposition  of  the  penitent  must,  therefore,  be  presumed,  unless 
circumstances  directly  suggest  suspicion  of  the  contrary.239 

III.  The  confessor  may  regard  as  indicating  proper  disposi- 
tions the  fact  that  the  penitent  comes  to  confession  of  his  own 
accord,  and  not  on  account  of  the  law  of  the  Church,  or  with  a 
view  to  receiving  some  other  Sacrament,  or  under  compulsion 
from  parents  or  others;  voluntary  confession  (confessio  libera) 
alone,  or  in  connection  with  a  protestation  of  sorrow  and  a  pur- 
pose of  amendment,  is  the  usual  sign  (signum  ordinarium)  of 
good  dispositions,  except  when  this  protestation  is  rendered 
suspicious  by  some  other  circumstance.  The  confession  itself 
affords  ground  for  the  presumption  that  the  penitent  is  disposed, 
sorrow  being  made  manifest  by  the  confession  and  the  princi- 
ple holding  good:  nemo  malus  prcesumendus  est.  We  may  not, 
therefore,  presume  that  a  penitent  comes  to  confession  indis- 
posed ;  there  must  first  be  ground  for  such  presumption.  There- 
fore, the  Roman  Catechism  teaches:240  Si  audita  co?ifessione, 
judicaverit  (Sacerdos)  neque  in  enumerandis  peccatis  diligentiam 
nee  in  detestandis  dolorem  omnino  defuisse,  which  means  that  the 
penitent  can  be  absolved  when  dolor  tarn  contritionis  quam  attri- 
tionis  is  not  wanting  in  him,  for  if  neither  is  present  there  is  no 

238  De  Poenit.  Disp.  32,  s.  2. 

239  S.  Alph.  Lib.   VI.  n.  461  ;   Bucceroni,  Commentar.  III.  De  absolut. 
danda,  etc.  Edit.  alt.  Romae.  1889.  §  1,  n.  3.  240  De  Poenit.  n.  82. 


400  THE    MINISTER    OF    THE    SACRAMENT 

sorrow  at  all.241  When  the  priest  has  heard  the  confession,  and 
assured  himself  that  the  penitent  has  carefully  examined  his  con- 
science and  confessed  his  sins,  and  that  he  is  sorry  for  them,  he 
must  absolve  him.242  When,  therefore,  the  penitent  shows  by  the 
manner  of  his  self-accusation  that  he  has  contrition,  and  when  his 
demeanor  is  worthy  of  the  Sacrament  and  becoming  a  penitent, 
and  his  confession  is  sincere,  the  confessor  must  not  doubt  as 
to  his  dispositions,  unless,  as  before  said,  there  is  positive  pre- 
sumption for  the  contrary.  The  presumption  in  favor  of  his 
dispositions  derived  from  the  confession  will  be  neutralized  by 
the  opposite  presumption  which  well-founded  indications  of 
indisposition  produce.  That  in  the  case  of  contrary  presump- 
tion the  confessor  may  again  decide  in  favor  of  the  penitent 
and  credit  his  assertion,  "certain  other,  more  or  less  weighty, 
arguments  must  be  superadded"  which  tend  to  weaken  the  first 
suspicion  or  to  destroy  it  totally.  These  arguments  are  called 
"signa  doloris  extraordinaria."  2i*  But  the  confessor  must  not 
attach  too  much  importance  to  these  extraordinary  signs,  and 
must  bear  in  mind  that  no  one  of  those  usually  given  by  the 
theologians  supplies,  under  all  circumstances,  complete  proof 
of  the  penitent's  disposition.  As  such  signs  (which,  when  neces- 
sary, may  furnish  a  stronger  and  special  proof  of  the  penitent's 
sorrow  and  purpose  of  amendment)  St.  Alphonsus,244  Reuter,245 
and  other  authors  enumerate  the  following :  (1)  any  striving 
after  amendment  which  the  penitent  has  shown;  (2)  any  spe- 
cial manifestation  of  sorrow  on  the  part  of  the  penitent  himself, 

241  Cf.  Aertnys,  1.  c.  n.  279,  III.  Nota  1. 

242  Cf.  S.  Alph.  Lib.  VI.  n.  459,  Prax.  Conf.  n.  71;  Bucceroni,  1.  c.  n.  4; 
S.  Thorn,  in  4,  Dist.  17,  Q.  5,  a.  3. 

243  Cf.  Aertnys,  1.  c.  n.  279 ;  Lehmkuhl,  1.  c.  n.  424,  who  remarks  on  this  : 
Attamen  in  re  aliqua  "  extraordinaria"  insistendum  non  est.  Neque  quodlibet 
horum  signorum  in  quibaslibet  adjunctis  certain  probationem  facit. 

244  Cf.  Lib.  VI.  n.  4G0. 

245  Neo-Confessar.  n.  177.  Cf.  Aertnys,  1.  c.  n.  279  and  Append,  de  recidi- 
vis.  n.  314.     Lehmkuhl,  1.  c.  n.  427. 


EXAMINATION    OF    THE    DISPOSITIONS    OF    PENITENT      401 

or  duo  to  the  exhortation  of  the  confessor  (for  instance,  tears, 
sighs,  etc.,  although  tears  and  sighs  are  not  always  to  be  trusted) ; 
(3)  that  the  penitent  was  induced  to  confess  by  some  special, 
extraordinary  motive;  (4)  that,  upon  the  exhortation  of  the 
confessor,  he  has  attained  to  a  better  apprehension  of  sin,  and 
an  abhorrence  of  it;  (5)  that  he  has  now  ultimately  confessed 
to  the  confessor  long  concealed  sins;  (6)  that  the  number  of 
the  sins  has  become  considerably  less,  although  the  circumstances 
remained  the  same  (for  if  the  penitent  had  been  prevented  from 
sinning  by  illness,  or  a  similar  circumstance,  this  would  be  no 
signum  extraordinarium) ;  (7)  that  restitution  has  been  really 
made,  the  habit  overcome,  or  some  other  difficult  duty  fulfilled ; 
(8)  that,  in  view  of  the  confession  which  he  wishes  to  make,  he 
has  increased  prayer,  given  alms,  undertaken  fasting  or  other 
good  works;  (9)  that  he  has  voluntarily  sought  the  means  of 
amendment  at  the  hands  of  the  confessor,  gladly  adopted  those 
proposed  to  him,  or  sincerely  promised  to  adopt  them;  (10)  that 
he  willingly  undertakes  a  severe  penance,  and  offers  to  make 
satisfaction  to  God;  (11)  voluntary,  spontaneous  confession 
may  often  be  a  sufficient  sign. 

IV.  The  question  for  us  now  is :  in  what  cases  a  serious  "prae- 
judicium"  against  the  disposition  of  the  penitent  arises.  Accord- 
ing to  the  teaching  of  St.  Leonard  of  Port  Maurice,  they  are  the 
following:  (1)  when  the  penitent  always  relapses  in  the  same 
sins,  and  there  is  no  visible  trace  or  hope  of  amendment;  (2)  when 
the  penitent  answers  coldly  that  he  is  sorry,  especially  when  he 
has  often  relapsed;  (3)  when  he  has  not  applied  the  remedies 
given  by  the  confessor;  (4)  when  the  penitent  has  made  con- 
stant and  unusual  efforts  for  the  gratification  of  his  passions; 
(5)  when  the  penitent  receives  the  holy  Sacraments  only  if 
commanded  to  do  so  by  parents  or  teachers,  or  out  of  mere  cus- 
tom on  feast-days,  or  out  of  human  considerations;  (6)  when 
the  penitent  presumptuously  excuses  his  sins,  or  enters  into  dis- 
pute with  his  confessor,  a  fortiori  if  he  should  even  boast  of  his 


402  THE    MINISTER    OF    THE    SACRAMENT 

sins;  (7)  when  the  penitent  refuses  to  accept  a  reasonable  pen- 
ance, for  punishment  or  for  amendment;  (8)  when  the  penitent 
shows  a  great  inclination  to  sin,  or  covets  the  profit  or  great 
pleasure  obtained  from  the  sin.246 

V.  A  penitent  is  to  be  regarded  as  completely  indisposed  who 
positively  has  no  supernatural  sorrow,  and  no  real  purpose  of 
amendment,  especially  one  who  refuses  to  undertake  a  difficult 
obligation;  one,  for  example:  (1)  who  does  not  remove  the  im- 
mediate and  willful  occasion  of  sin ; 2il  (2)  who  will  not  lay  aside 
enmity  and  hatred,  and  will  not  be  reconciled ;  (3)  who  will  not 
make  restitution  and  repair  injury;  (4)  who  will  not  give  up 
sinful  occupations;  (5)  who  will  not  promise  to  exert  himself 
to  lay  aside  a  bad  habit;  (6)  who  does  not  employ  the  necessary 
means  of  amendment;  (7)  who  is  not  willing  to  remove  scandal 
that  he  has  given  or  still  gives  to  others. 

VI.  That  penitent  is  doubtfully  disposed  against  whom  there 
is  a  well-founded  "  pr<:v judicium, "  — -  one  arising  from  positive 
indications,  —  which  pm  judicium  he  has  not  wholly  removed, 
so  that  there  is  still  valid  ground  for  considering  him  as  not 
yet  sufficiently  disposed. 

51.   The  Confessor's  Duty  in  Disposing  his  Penitents. 

The  confessor  must,  with  fatherly  love  and  care,  to  the  best 
of  his  ability,  dispose  those  penitents  whom,  after  instruction 
and  exhortation,  he  sees  to  be  insufficiently  disposed;  and  he 
is  bound  to  this  ex  rigoroso  religionis  et  charitatis  officio.  Mag- 
nificent is  the  discourse  on  this  subject  which  Leo  XII  in  his 
Encyclical  letter  of  Dec.  25,  1825,  extending  the  Jubilee  to  the 
whole  Church,  addressed  to  all  the  bishops.  In  §  5  the  Pope 
writes:  "You  know  well  how  necessary  and  salutary  the  labor 
of  those  priests  is  to  whom  the  faithful  must  confess  their  sins, 
in  order  that  they  may  be  able  to  perform  with  fruit  what  they 

24(5  See  in  Lehmkuhl,  1.  c.  n.  624.  247  See  §  63. 


CONFESSOR'S    DUTY   IN   DISPOSING    PENIThWTS      403 

have  been  taught.  Therefore1  it  must  be  your  zealous  care  that 
those  priests  appointed  by  you  to  hear  confessions  do  not  forget 
what  our  predecessor  Innocent  III  prescribed  with  regard  to 
the  minister  of  the  Sacrament  of  Penance;  namely,  that  he  should 
be  discretus  et  cautu-s,  in  order  to  pour  wine  and  oil,  like  the  ex- 
perienced physician,  into  the  wounds  of  the  stricken  one,  to  give 
him  good  advice,  and  to  prescribe  what  means  of  improvement 
he  must  employ."  And,  after  remarking  (with  a  reference  to 
the  words  of  the  Roman  Ritual)  that  the  priest  must  exercise 
great  care  as  to  whom  he  administers  absolution,  to  whom  he 
refuses  it,  and  when  he  postpones  it,  especially  emphasizing  to 
whom  it  may  not  be  given,  he  goes  on  to  say  that  every  one  can 
easily  see  how  totally  different  from  this  the  procedure  of  those 
priests  is,  "who,  as  soon  as  they  perceive  that  a  person  is  bur- 
dened with  many  sins,  at  once  declare  that  they  cannot  give  him 
absolution,  thus  refusing  to  heal  those  for  whose  healing  they 
were  in  a  special  manner  appointed  by  Him  who  said:  'Those 
who  are  whole  need  not  the  physician,  but  those  who  are  sick,' 
or  to  whom  the  least  effort  in  eliciting  sorrow  and  good  purpose 
seems  sufficient,  and  only  then  believe  that  they  have  taken  a 
safe  decision  when  they  send  the  penitent  away,  to  absolve  him 
at  some  other  time.  For  if  ever  the  golden  mean  is  to  be  ob- 
served, it  is  eminently  in  this  case,  so  that  too  great  ease  of 
obtaining  absolution  may  not  engender  carelessness  in.  commit- 
ting sin,  and  that  too  great  difficulty  may  not  estrange  souls 
from  the  confessional  and  plunge  them  into  despair  of  salvation. 
For  many  present  themselves  before  the  ministers  of  the  Sacra- 
ment of  Penance  who  are  quite  unprepared,  but  are  in  such 
dispositions  that  they  might  become  prepared  if  only  the  priest, 
equipped  with  the  compassion  of  Jesus  Christ,  who  came  to  call 
not  the  just  but  sinners,  understood  how  to  treat  them  with  zeal, 
patience,  and  gentleness.  Those  are  not  to  be  regarded  as  un- 
prepared who  have  committed  very  grave  offenses,  or  who  have 
not  confessed  for  very  many  years  --for  the  mercy  of  the  Lord 


404  THE    MINISTER    OF    THE    SACRAMENT 

knows  no  bounds,  and  inexhaustible  is  the  treasure  of  His  good- 
ness—  or  who,  ignorant,  of  humble  condition,  and  slow  of  percep- 
tion, have  not  duly  examined  themselves,  for  without  the  help 
of  the  priest  they  are  unable  to  do  this ;  but  only  those  who,  after 
being  questioned  by  the  confessor  concerning  their  sins  with 
necessary  care  (but  not  with  a  minuteness  immoderately  trouble- 
some to  them),  and  after  the  confessor  has  exhausted  all  the  zeal 
which  love  can  inspire,  accompanied  with  fervent  prayer,  to 
move  them  to  sorrow  for  their  sins,  are  found  to  be  wholly  and 
entirely  devoid  of  that  sorrow  by  which  they  should  at  least 
become  disposed  to  obtain  grace  in  the  Sacrament.  In  what- 
ever dispositions  those  may  be  who  approach  the  minister  of 
the  Sacrament  of  Penance,  they  should  not  be  allowed  to  de- 
spair on  account  of  their  guilt,  and  to  go  away  estranged  from 
the  goodness  of  God  or  the  Sacrament  of  reconciliation.  .  .  . 
St.  Raymond  of  Pennafort,  whom  the  Church  calls  the  eminent 
minister  of  the  Sacrament  of  Penance,  may  serve  as  a  fitting 
example  of  this  love.  'After  the  confessor  has  heard  the  sins,' 
he  says,  'let  him  comfort  the  sinner  and  bear  his  burden  with 
him,  let  him  be  tender  of  heart,  forbearing  towards  the  penitent 
in  his  sins,  let  him  distinguish  with  prudence,  assist  the  person 
confessing  with  his  prayers,  give  alms,  and  perform  other  good 
works  for  him,  ever  aid  him  with  gentle  exhortation,  suggesting 
grounds  for  consolation,  encouraging  him  to  hope  and  also 
remonstrating  with  him  when  necessary.' '  With  these  golden 
words,  born  of  love  for  sinners  and  burning  zeal  for  souls,  the 
Pope  admonishes  confessors  to  take  most  benevolent  interest  in 
their  penitents  in  order  to  dispose  them.  This  is,  indeed,  a 
strict  duty  of  love;  love  of  God  and  of  the  poor  sinner  must 
move  the  confessor  to  use  every  exertion  in  his  power  to  rescue 
him  from  his  unhappy  situation,  and  reconcile  him  with  God. 
The  confessor  must  thus  act  as  the  attorney  of  God  and  the 
father  of  the  penitent ;  and  as  physician  of  the  soul  he  is  bound, 
after  the  example  of  the  good  Samaritan,  to  apply  promptly 


CONFESSOR  S    DUTY"    IN    DISPOSING    PENITENTS       405 

for  the  sick  soul  of  the  penitent  a  suitable  remedy,  and  the  only 
suitable  remedy  here  is  the  valid  reception  of  absolution.248 

It  is  true,  as  Segneri249  says,  that  the  heart  of  the  sinner  not 
seldom  becomes  as  hard  as  stone  (Job  xli.  15) ;  nevertheless, 
we  must  try  to  soften  it,  and  to  arouse  in  these  wretched  men  — 
the  more  unhappy  as  their  wretched  state  is  of  their  own  choice  — 
sorrow  for  past  sin,  and  a  sincere  determination  never  more  to 
return  to  it.  But  in  order  to  move  them  to  sorrow  and  penance, 
powerful  motives  for  sorrow  must  be  proposed,  and  it  is  well  to 
support  these  by  one  or  more  passages  from  Scripture,  or  utter- 
ances of  a  saint.  These  generally  refer  to  the  nature,  the  effects, 
and  the  consequences  of  sin  — sin  as  the  most  terrible  wrong  done 
to  the  majesty  of  God  (Jer.  ii.  2) ;  as  the  blackest  ingratitude 
towards  God,  our  best  Father,  and  most  generous  benefactor 
(Deut.  xxxii.  5,  18;  Is.  i.  3;  v.  4;  2  Kings  xii.  7);  as  the  most 
execrable  faithlessness  towards  Jesus,  our  most  loving  Redeemer 
(Heb.  vi.  6 ;  John  x.  22) ;  as  an  evil  which  brings  with  it  the  loss 
of  grace  and  of  the  happiness  of  heaven  (Wis.  vii.  14;  2  Cor.  ii. 
9) ;  leading  to  hell  (Is.  xxxiii.  14;  Matt.  xxvi.  26) ;  and  preparing 
a  terrible  death  (Prov.  vi.  34;  Heb.  x.  31) ;  which  is  most  hateful 
and  disgraceful  in  itself;  making  the  sinner  an  abomination 
before  God  and  a  slave  of  the  devil  (Ps.  v.  6;  Wis.  xiv.  9).  The 
peculiar  hatefulness,  the  evil  consequences,  and  danger  of  spe- 
cial sins  may  be  described,  as,  for  example,  impurity,  robbing 
man  of  innocence,  ruining  him  in  body  and  soul,  surrendering 
him  to  disgrace  and  shame,  making  him  the  object  of  God's  espe- 
cial abhorrence,  and  exposing  him  to  severe  punishment.  But, 
in  a  particular  manner,  let  the  confessor  seek  to  deter  the  peni- 

248  It  is  not  enough  to  say  to  indisposed  penitents  something  of  this  kind  : 
"  Well,  beg  pardon  of  God  for  all  your  sins  "  (this  is  no  true  act  of  sorrow), 
or,  "Are  you  heartily  sorry  for  all  your  sins?"  Effort  must,  above  all 
things,  be  directed  towards  awakening  in  penitents  (who  have  committed 
grave  sins)  a  real  abhorrence  of  sin  ;  to  this  end  they  must  first  be  prepared 
by  an  act  of  imperfect  contrition,  and  then  we  must  seek  to  bring  them  to 
perfect  contrition.  249  Instruct.  Confess,  cp.  8. 


400  THE    MINISTER    OF    THE    SACRAMENT 

tent  from  relap.se,  impressing  upon  him  the  great  truth  that  fhe 
difficulty  of  effecting  his  salvation  increases  in  the  same  pro- 
portion as  the  number  of  his  sins;  that  bad  habits  always 
become  stronger,  the  mind  more  darkened,  the  will  weaker,  also 
that  he  is  always  becoming  more  unworthy  of  divine  grace,  that 
the  evil  one  obtains  more  power  over  a  man  as  the  sinner's  re- 
sistance grows  less.  It  is,  however,  neither  necessary  nor  useful 
to  set  forth  these  motives  indiscriminately;  they  must  be  chosen 
with  a  view  to  suit  the  penitent,250  and  not  only  stored  in  the 
memory,  but,  by  meditation,  deeply  imprinted  on  the  heart  of 
the  confessor,  that  he  may  bring  them  home  to  the  penitent 
with  the  warmth  of  conviction  and  a  persuasive  unction. 

The  confessor  must  not  be  concerned  at  the  fact  that  other 
penitents  have  to  wait  a  long  time  and  end  by  going  away ;  for, 
in  this  case,  he  must  not  look  to  the  welfare  of  others,  but  solely 
to  that  of  the  penitent  with  whom  he  is  dealing  at  the  moment. 
It  is  of  his  welfare  and  not  that  of  the  rest  that  he  has  to  render 
account,  and,  as  St.  Francis  Xavier  used  to  say,  it  is  better  to 
hear  the  confessions  of  a  few  penitents  well,  than  those  of  many 
hastily  and  without  fruit.  The  confessor  must  very  often  dis- 
pose illiterate  penitents  (poen.  rades)  and  children 251  by  moving 
them  to  sorrow  and  purpose  of  amendment,  because  these  latter 
do  not  sufficiently  consider  the  necessity  of  these  acts,  and  there- 
fore neglect  them.  He  must  also  frequently  dispose  penitents 
who  have  relapsed  into  sinful  habits  without  endeavoring  to 
amend,  as  with  such  people  there  is  ground  for  the  presumption 
that  they  are  not  truly  disposed.  "How  many  penitents  have 
come  to  me  not  disposed,  and  I  have  endeavored,  with  the  help 
of  divine  grace  to  dispose  them,  and  I  have  certainly  done  so, 

250  Cf.  Polancus,  Directorium  Confessarii,  cp.  2. 

251  S.  Alph.  Praxis  conf.  cp.  1,  mi.  7  et  10.  He  says,  very  aptly :  Perpauci 
aunt  pcenitentes,  prcesertim  rudes  et  magni  peccatores,  qui  dolore  et  proposito  prius 
elicilo  ad  confessionem  accedunt.  Hon  igitur  quoad  potest  confessarius  disponere 
fortiter  et  suaviter  adldboret. 


DUTY    OF    GIVING    OR    REFUSING    ABSOLUTION  407 

and,  to  my  very  great  comfort,  dismissed  them  with  absolution," 
cries  out  St.  Alphonsus.252  Justly,  therefore,  does  this  sainted 
doctor  and  zealous  guide  of  souls,  blame  those  "indolent  confess- 
ors" who  send  away  a  penitent  without  having  shown  any  zeal 
in  preparing  him.253 

If  the  confessor  judges  that  the  penitent  is  well  disposed, 
he  has  no  obligation  with  regard  to  his  dispositions.  For  the 
rest,  he  will  do  well  to  exhort  penitents  who  are  unknown  to  him 
again  to  elicit  sorrow  and  purpose  of  amendment  aroused  by 
his  words,  or  at  least  to  ask  them  if  they  heartily  detest  their 
sins.  If  they  answer  in  the  affirmative,  the  confessor  can  set 
his  mind  at  rest,  unless  circumstances  suggest  otherwise.254 

52.   The  Duty  of  the  Confessor  to  administer,  to  defer,  or  to 

refuse  Absolution. 

After  examining  the  dispositions  of  the  penitent,  and  after 
endeavoring  to  make  sure  of  them,  the  confessor,  as  we  have 
seen  in  the  last  section,  will  find  three  classes  of  penitents :  those 
who  are  certainly  disposed,  those  who  are  doubtfully  disposed, 
those  who  are  not  disposed. 

His  duty  with  regard  to  these  different  classes  will  form  the 
subject-matter  of  this  section. 

I.  Absolution  must,  in  justice,  be  given  to  the  penitent  who 
is  certainly  disposed,  so  that  the  confessor  would,  generally  speak- 
ing, sin  gravely  and  against  justice  if  he  should  refuse  to  absolve 
such  a  penitent.  After  hearing  a  case  (causa),  the  judge  must 
pronounce  sentence  on  the  accused,  and  in  the  tribunal  of  pen- 
ance (the  worthiness  of  the  penitent  being  presupposed)  the 
sentence  can  only  be  one  of  acquittal.  Accordingly,  if  the  peni- 
tent is  worthy  of  acquittal,  in  other  words,  certainly  disposed, 

252  H.  Ap.  Tr.  16,  n.  105. 

253Prax.  Conf.  cp.  1,  n.  7;  Lib.  VI.  n.  608.  Cf.  Ballerini,  Op.  Theol. 
Mor.  1.  c.  cp.  1,  mi.  313-323. 

25*  Cf.  lleuter,  Neo-conf.  P.  1,  cp.  V.  n    11. 


408  THE    MINISTER    OF    THE    SACRAMENT 

absolution  must  be  given  him.  This  results  also  from  the  char- 
acter of  the  confessor  as  representative  of  God ;  but  God  acquits 
the  sinner  who  does  worthy  penance,  therefore  God's  represen- 
tative must  do  likewise.  This  follows,  further,  from  the  aim 
of  the  institution  of  the  Sacrament.  It  was  instituted  for  the 
faithful  and  for  their  spiritual  benefit;  now,  if  the  faithful  are 
well  disposed,  they  have  a  right  to  this  Sacrament,  and  it  would 
be  injustice  to  withhold  it  from  them.  Finally,  the  confessor 
binds  himself  by  admitting  a  penitent  to  confession,  ex  quasi- 
contractu,  to  pronounce  judgment  in  accordance  with  the  in- 
junctions of  Christ.255  Absolution  must  also  be  given  to  a 
certainly  disposed  penitent  when  he  has  accused  himself  of 
venial  sins  only.  In  the  latter  case,  however,  it  is,  ex  se,  no 
great  injustice  not  always  to  give  absolution,  but  only  the 
blessing,  and  if  there  is  reasonable  ground  for  this  proceeding 
it  is  no  sin  at  all. 

II.  Absolution  must  always  be  refused  to  penitents  who  are 
certainly  not  disposed.  The  confessor  would  be  guilty  of  sacri- 
lege if  he  administered  absolution  to  penitents  whose  indisposi- 
tion was  certain,  in  whatever  state  of  need  the  penitent  might 
be;  for,  in  this  case,  the  confessor  would  utter  the  sacramental 
formula  in  vain,  and  such  abuse  is  sinful.  What  penitents 
are  certainly  not  disposed  we  have  learnt  above.256  The  strict 
duty  of  the  confessor  to  dispose  those  penitents  whom  he  has 
recognized  as  not  disposed  has  also  been  treated  of  (§  51).  Not 
till  all  his  pains  and  zeal  have  proved  vain  may  he  dismiss  them 

255  Cf.  S.  Alph.  Lib.  VI.  n.  603;  H.  Ap.  n.  117;  Suarez,  De  Poen.  1).  32, 
S.  5,  n.  2 ;  cf.  Lugo,  Disp.  14,  n.  166  ;  Marc,  Instit.  Alph.  P.  III.  Tr.  V.  Diss. 
III.  cp.  3,  art.  1,  n.  1813;  Lehmkuhl,  1.  c.  n.  428;  Pmcceroni,  Commentar. 
III.  De  Absolut   danda,  etc.  §  1,  n.  2,  §  3,  n.  13. 

256  See  §  50,  V.  The  confessor,  therefore,  must  not  absolve  a  penitent 
who  will  not  fulfill  an  important  duty  incumbent  upon  him,  who  does  not 
heartily  repent  of  his  past  sins,  and  has  not  a  firm  purpose  to  sin  no  more  in 
future.  Cf.  Bucceroni,  1.  c  §  4,  n.  15;  Leo  XII,  Encycl.  Charitate  Christi, 
Kal.  Jan.  1826. 


DUTY  OF  GIVING    OR   REFUSING   ABSOLUTION  409 

as  indisposed ;  and  even  then  the  confessor  must  not  treat  them 
harshly  and  reject  and  repel  them,  but  clearly  and  eloquently 
lay  before  them  their  sad  state,  and  the  very  great  danger  of 
incurring  eternal  damnation,  and  assure  them  that  it  would 
always  afford  him  the  greatest  joy  if  they  should  at  last  do  real 
penance,  and  that  he  would  be  ready  at  all  times  to  receive  them 
in  the  confessional  as  soon  as  they  should  be  willing  to  obey  the 
divine  precepts.257 

III.  Absolution  must,  as  a  rule,  be  deferred  in  the  case  of 
those  penitents  who  are  altogether  doubtfully  disposed  (plane 
clubie  dispositi).  For  the  confessor  must  take  care  that  he  does 
not  presumptuously  expose  the  Sacrament  to  the  danger  of 
nullity  and  commit  a  great  sacrilege.  Penitents  are  to  be  re- 
garded as  doubtfully  disposed  who,  having  a  duty  to  fulfill  sub 
gravi,  such,  for  example,  as  removing  an  immediate  occasion  of 
sin,  laying  aside  a  vicious  habit,  making  restitution,  giving  up 
an  enmity,  have  promised  to  do  their  duty  and  failed  to  keep 
the  promise.  Failure  to  comply  with  the  obligation  does  not 
point  infallibly  to  a  lack  of  proper  dispositions,  but  it  neces- 
sarily gives  rise  to  well-founded  doubts. 

As  a  rule,  absolution  must  be  deferred  in  the  case  of  such  peni- 
tents, but  if  there  is  a  causa  gravis,  it  may  be  given  to  them  sub 
conditione,  or,  according  to  circumstances,  it  must  be  so  given  to 
them. 

For  the  Sacraments  were  instituted  for  men.  When,  there- 
fore, more  evil  than  good  results  from  postponement  of  absolu- 
tion, the  welfare  of  the  penitent  demands  that  the  Sacrament 
should  be  administered  to  him,  even  with  the  danger  of  nullity; 
regard  for  the  Sacrament  being  preserved  by  the  subjoined 
condition. 

If  dying  persons  are  doubtfully  disposed,  they  must  be  absolved 
sub  conditione;  on  this  point  there  can  be  no  controversy. 

257  Cf.  B.  Humbertus,  General.  Mag.  Pra'dicatoruin,  Tnstructio,  et  Bar- 
tholoniseus  Medina  ex  Ord.  Praed.  Instruct.  Confessar.  Lib.  I.  cp.  3. 


410  THE   MINISTER    OF    THE    SACRAMENT 

It  is  universally  admitted  and  also  approved  by  St.  Alphonsus 
that  a  doubtfully  disposed  penitent  can  be  absolved,  sub  con- 
ditione,  of  course,  when  he  himself,  bona  fide,  believes  that  he  is 
sufficiently  disposed,  and  when  there  is  a  causa  gravis  for  be- 
lieving that  the  refusal  or  postponement  of  absolution  would 
cause  him  to  fall  into  a  worse  state ;  for  example,  commit  another 
sacrilege,  or  become  totally  estranged  from  the  Sacraments. 
In  this  case  the  confessor  must  use  every  means  in  prudence, 
and  with  holy,  enlightened  zeal,  to  dispose  the  penitent  fit- 
tingly, and  then  —  mindful  of  the  mercy  of  Him  whose  place 
he  fills,  and  who  does  not  break  the  bruised  reed  nor  quench 
the  smoking  flax  (Is.  xlii.  3)  —  administer  the  absolution. 

But  in  other  cases  where  such  evils  are  not  to  be  feared,  the 
confessor  must  defer  absolution  for  doubtfully  disposed  peni- 
tents till  they  have  shown  themselves  to  be  better  disposed. 
This  applies  especially  to  relapsing  sinners  and  to  occasionarii. 
"  Do  not  refuse  absolution  to  the  penitent,  but  postpone  it," 
is  the  exhortation  of  Segneri  to  confessors.  "He  must  come 
again  within  a  fixed  time.  In  the  meanwhile  he  may  make  him- 
self more  worthy  and  then  give  more  trustworthy  signs  of  sor- 
row." Let  it  not  be  objected  that  the  penitents  would  not 
return.  ''If  they  do  not  come  to  you,  they  will  go  to  others, 
and  will  be  better  prepared  and  absolved  with  greater  profit. 
If  they  neither  come  back  to  you  nor  go  to  another,  you  need  not 
be  concerned  about  it,  for  it  is  a  clear  sign  that  they  are  quite 
obdurate  in  sin,  that  they  were  not  disposed,  and  had  not  the 
will  to  render  themselves  disposed.  And  yet,  even  in  such  cases 
the  deferring  of  absolution  is  not  without  benefit;  since  a  germ 
of  holy  fear  remains  in  their  hearts,  which  in  time  will  bring  forth 
fruits  of  penance.  For,  as  the  learned  Aversa  assures  us,  a  wise 
postponement  is  of  the  greatest  profit  to  the  sinner,  and  experi- 
ence itself  proves  that  this  postponement  is  mostly  beneficial." 


258 


258  Leonard  of   P.  M.,  Instructions  for  Confessors   ( Regensburg,  1878), 
p.  97,  etc. 


DUTY   OF  GIVING   OB    REFUSING   ABSOLUTION  111 

IV.  Even  in  the  case  of  a  well-disposed  penitent,  absolution 
can,  and  sometimes  must  be,  deferred,  when  this  appears  neces- 
sary to,  or  profitable  for,  his  improvement.  Although  the  well- 
disposed  penitent  has  a  right  to  absolution,  yet  the  confessor, 
as  a  physician,  must  have  regard  for  the  cure  of  the  penitent, 
nor  has  the  penitent  always  a  right  to  immediate  absolution. 
The  deferring  of  absolution  is  a  grave  duty  when  postpone- 
ment is  a  necessary  measure;  it  is  not  so  imperative  when  it 
serves  only  as  a  measure  of  utility. 

1.    Postponement  of  absolution  is  necessary:  — 

(a)  With  penitents  who  have  to  remove  a  public  scandal. 
This  duty  must  be  done  before  they  are  admitted  to  holy  com- 
munion, and  generally  also  before  absolution.  (6)  With  peni- 
tents who  have  been,  in  any  respect,  public  sinners,  —  till  they 
have  publicly  shown  themselves  to  have  amended ;  except,  per- 
haps, when  it  is  advisable  to  give  absolution  at  once  for  their 
greater  comfort  and  spiritual  profit;  yet  with  postponement  of 
holy  communion,  (c)  With  penitents  who  are  under  some  great 
obligation,  who  have  to  make  considerable  restitution,  to  be 
reconciled  to  an  enemy,  or  to  remove  an  occasion  of  sin,  and 
of  whom  it  is  to  be  feared  that  they  may  not  be  true  to  their 
resolution  on  account  of  its  great  difficulties,  (d)  With  a  peni- 
tent who  has  not  confessed  for  a  long  time,  has  often  fallen  back 
into  the  old  sins,  and  has  not  so  far  employed  any  diligence  in 
the  examination  of  his  conscience;  for,  in  this  case,  he  runs 
great  risk  (as,  by  his  own  fault,  the  declaration  of  his  sins  is 
incomplete)  of  being  invalidly  absolved.  But  if  such  a  penitent 
does  not  know  how  to  examine  his  conscience  better,  the  con- 
fessor must  aid  him,  and  absolve  him  if  he  considers  him  other- 
wise capable  and  worthy  of  it. 

For  the  cases  cited  Lehmkuhl  and  Reuter  give  this  good  rule: 
If  it  is  more  difficult  for  the  penitent  to  come  to  the  confessor 
again  than  to  fulfill  his  heavy  obligation,  let  him  be  at  once 
absolved,  unless  he  has  already  promised  to  fulfill  his  obligation 


412  THE    MINISTER    OF    THE    SACRAMENT 

and  has  not  kept  his  promise ;  but  if  it  is  more  difficult  for  him  to 
fulfill  the  obligation  than  to  come  again,  let  the  absolution  be 
deferred.  Here,  however,  the  confessor  must  have  regard  for 
the  relative  or  subjective  difficulty  which  his  penitent  finds  in 
removing  the  occasion  of  sin,  on  account  of  rooted  habit,  or  the 
strength  of  a  violent  passion.  That  he  may  overcome  this,  the 
penitent  must  be  stimulated  by  postponement  of  absolution; 
otherwise  he  will  easily  forget  his  purpose  and  his  promise.259 
2.  Postponement  of  absolution,  even  when  it  is  not  necessary, 
may  sometimes  be  profitable  to  the  penitent.  Between  the 
certa  and  the  plane  dubia  dispositio  there  are  degrees,  and  the 
case  may  thus  occur  that  the  disposition  of  the  penitent  is  not  so 
certain  that  absolution  must  be  given  at  once;  on  the  other  hand, 
it  may  not  be  so  doubtful  that  absolution  ought  to  be  refused 
or  postponed.260  This  applies  to  penitents  to  whom,  in  view  of 
their  dispositions  and  other  circumstances,  absolution,  strictly 
speaking,  may  be  given,  but  to  whom  postponement  is  useful 
in  helping  them  to  recognize  more  clearly  the  enormity  of  sin 
and  the  necessity  of  improvement.  Thus  they  are  more  effec- 
tually strengthened  against  relapse,  their  sorrow  for  sin  becomes 
deeper,  their  purpose  of  amendment  firmer.  Here  the  confessor, 
as  physician  before  God,  must  consider  whether  it  is  more  profit- 
able for  the  penitent  to  give  him  absolution  or  to  defer  it.  In 
determining  this,  he  must  consider  the  character  of  the  penitent, 
and  the  circumstances  of  time  and  place  in  which  we  live. 
"When  faith  has  become  cold,  and  the  penitent  can  scarcely 
be  moved  to  make  a  confession,  it  is  dangerous  to  defer  absolu- 
tion ;  this  itself,  indeed,  may  be  a  ground  for  giving  absolution 

259  Lehmkuhl,  1.  c.  n.  430.     Cf.  Renter,  Neo-Conf.  n.  34. 

260  Upon  the  origin  of  this  practice,  of  which  no  trace  is  found  in  the 
works  of  the  older  theologians,  Ballerini  enlarges  in  his  notes  on  Gnry,  II. 
n.  621.  He  does  not  discover  it  in  the  practice  .and  teaching  of  the  Jansen- 
ists,  but  rather  in  the  endeavor  of  the  younger  theologians  to  find  means  .by 
which  the  faithful  may  be  better  assisted  in  laying  aside  a  bad  habit,  roused 
from  indolence  and  negligence,  and  moved  to  holy  zeal. 


POSTPONEMENT  OF  ABSOLUTION  413 

to  a  doubtfully  disposed  penitent.  Thus  it  is  that  the  confessor 
in  our  times  must  be  more  inclined  to  give  absolution  than  in 
former  times  when  faith  was  lively." 261  The  confessor  must 
not  postpone  absolution  when  postponement  is  hurtful  to  the 
penitent,  and  this  is  the  case  when  holy  communion  cannot  be 
omitted  without  exciting  remark;  or  when  an  indulgence  can  be 
gained  at  that  time ;  when  the  danger  is  foreseen  that  the  peni- 
tent would  be  obliged  to  confess  the  same  sins  to  another  con- 
fessor, which  would  be  an  unfair  burden ;  or  when  the  penitent, 
by  this  proceeding,  would  be  exposed  to  the  risk  of  dying  without 
absolution;   or  if  he  could  not  come  again  for  a  long  time. 

But  absolution  should  be  deferred  only  for  a  short  time  — 
three,  five,  or  eight  days.  For  a  sufficiently  disposed  penitent 
the  postponement  should  never  be  long,  especially  when  it  is  un- 
certain whether  he  has  perfect  contrition,  or  whether  he  would 
gain  real  profit  from  it.262  St.  Alphonsus  is  of  this  opinion  also 
in  the  case  when  relapse  is  interior,  for  instance,  a  bad  habit. 
But  if  it  be  exterior,  for  example,  an  immediate  occasion  of  sin, 
whether  voluntary,  or  necessary,  absolution  is  always  to  be 
deferred  till  the  immediate  voluntary  occasion  has  been  re- 
moved or  the  necessary  occasion  become  remote.  For  the 
exterior  cause  has  greater  influence  on  the  will  than  the  evil 
habit  or  interior  weakness.263     Moreover,  the  interior  cause  is 

261  Lehmkuhl,  1.  c.  n.  431.  Cf.  Marc,  1.  c.  n.  1816;  Aertnys,  1.  c.  n.  280. 
The  benefit  which  the  confessor  expects  from  the  postponement  of  absolu- 
tion, must,  however,  always  be  greater  than  that  which  the  disposed  penitent 
receives  from  actual  reception  of  the  holy  Sacrament. 

262  Cf.  Bucceroni,  1.  c.  n.  10,  ad  brevissimum  tempus.  Nam  per  se  loquendn 
magis prodest  absolutio  statim  data  quam  ejus  dilatio.  "For,"  so  he  continues, 
"it  is  burdensome  to  remain  in  a  state  of  mortal  sin  even  one  or  two  days  : 
(1)  on  account  of  the  danger  of  death,  against  which  we  are  never  safe,  etc., 
and  (2)  on  account  of  the  priceless  blessings  of  which  we  are  deprived, — 
grace  and  merit.  Moreover,  the  penitent  is  better  prepared  by  absolution 
for  again  receiving  the  Sacrament,  than  by  postponement  of  absolution,  etc." 
Gury  (II.  n.  622)  remarks  that,  where  it  can  be  easily  done,  absolution  may 
be  deferred  for  one  day  or  for  a  few  hours. 

263  S.  Alph.  Lib.  VI.  mi.  463  and  464. 


414  THE    MINISTER    OF    TUE    SACRAMENT 

not  so  easily  removed,  simply  because  it  is  interior,  and  clings 
to  a  man.264  Hence  St.  Alphonsus  also  gives  this  advice:  "One 
should  not,  I  think,  deviate  from  the  usual  view,  according  to 
which  absolution  is  not  to  be  deferred  in  the  case  of  a  penitent 
who  relapses  from  interior  weakness,  because  for  him  more  profit 
is  to  be  hoped  from  the  sacramental  grace  than  from  postpone- 
ment of  absolution." 

Finally  the  postponement  must  not  be  very  irksome  to  the 
penitent.  For,  on  the  one  hand,  the  penitent,  as  sufficiently 
disposed,  has  a  right  to  absolution,  and,  on  the  other,  the  post- 
ponement, if  very  displeasing  to  him,  would,  per  se  loquendo, 
not  help  him,  or  certainly  not  help  him  more  than  the  absolution 
given  to  him  at  once.  If,  therefore,  the  penitent  has  a  desire 
to  receive  absolution,  he  will  be  offended  by  the  postponement. 
This  desire  manifests  a  very  good  will,  which,  when  supported  by 
the  grace  of  the  Sacrament,  allows  better  things  to  be  hoped 
for  than  would  be  the  case  if  he  were  deprived  of  the  sacra- 
mental grace.  But  that,  absolute,  absolution  may  be  deferred 
in  the  case  of  a  sufficiently  disposed  penitent,  even  without  his 
consent,  is  demonstrated  by  the  unanimous  teaching  of  theo- 
logians265 as  also  by  the  recommendations  and  practice  of  the 
saints.286 

Moreover,  the  frequent  awakening  of  love  and  sorrow  is  to 
be  earnestly  recommended  to  the  penitent  if  absolution  has 
been  deferred,  that  he  may  thus  be  strengthened  against  temp- 
tation, and  later,  when  better  prepared,  acquire  more  abundant 
graces.  A  penance  is  also  to  be  imposed  upon  the  penitent, 
and  he  must  be  reminded  that  it  is  not  necessary  for  him  to 
confess  again  the  sins  already  confessed  when  he  comes  back  to 
the  same  confessor.     The  latter  can  absolve,  though  not  remem- 

264  Cf.  Salmant.  Tract.  26.  cp.  2,  p.  2,  §  1,  n.  37. 

205  Cf.  Bucceroni,  1.  c.  §  2,  n.  8;  Suarez,  Lugo,  Sanchez,  Filliucius,  Palaus, 
Toletus,  Gury,  II.  n.  621. 

266  Cf .  Epistol.  S.  Francisci  Xaver.  Lib.  IV.  Epist.  IV. 


POSTPONEMENT    OF    ABSOLUTION  415 

bering  the  sins,  if  he  has  imposed  a  suitable  penance  previously 
and  adds  a  new  one.267 

In  conclusion,  we  may  remark  that  the  postponement  of  abso- 
lution depends  entirely  upon  the  judgment  of  the  confessor, 
that  neither  general  nor  special  rules  can  be  laid  down  concern- 
ing it.  Everything  should  be  left  to  the  discretion  of  the  con- 
fessor, who  is  to  be  guided  neither  by  the  suggestions  of  his  own 
private  judgment  nor  by  the  example  of  others,  but  only  by  the 
unction  of  the  Holy  Ghost,  imparted  to  the  priest  by  study  and 
prayer.208 

Concerning  postponement  of  absolution,  Segneri  remarks: 
"This  remedy,  when  employed  at  the  right  time,  produces 
great  effects;  like  a  burning  coal  it  rouses  the  soul  from  that 
lethargy  -which  threatened  to  become  the  sleep  of  death. 
Shamed  and  startled,  the  penitent  recognizes  the  greatness  of 
his  misfortune,  is  placed  upon  his  guard,  and  reflects  upon  his 
condition;  if  it  finds  him  repentant,  it  increases  his  repentance 
in  an  indescribable  manner,  so  that  his  sorrow,  which  before 
was  transient  and  weak,  and  might  easily  have  yielded  to  the 
simple  allurements  of  some  present  object,  now  becomes  strong 
and  powerful  and  is  able  to  withstand  violent  assault.  And 
so  this  wholesome  remedy  is  generally  prescribed  by  the  masters 
of  asceticism,269  and  employed  by  circumspect  confessors  with 
much  benefit,  especially  in  those  cases  in  which  other  remedies 
have  proved  ineffectual."270 

267  Cf.  Reuter,  Neo-Confess.  P.  1,  cp.  8,  n.  34. 

268  S.  Leonard  a  P.  M.,  Discorso  mistico  e  morale,  §  11. 

209  Cf.  Lugo,  1.  c.  Disp.  IV.  Sect.  10,  n.  166  ;  Suarez,  1.  c.  Disp.  32,  Sect.  5, 
n.  2,  who  adds:  quod  prudenti  judicio  confessoris  relinquendum  est,  qui  hoc  sine 
gravi  causa  et  magna  consideratione facere  non  debet;  S.  Alph.  Lib.  VI. n.  612. 

270  Segneri,  1.  c.  cp.  IV  (in  fine). 


CHAPTER  II 

THE  ACCESSORY  DUTIES  OF  THE  CONFESSOR 

The  essential  office  of  the  confessor  is  the  judicial  office.  It 
is  of  the  highest  significance.  Connected  with  it  are  other 
supplementary  duties  of  equal  importance.  They  refer  to  the 
preparation  of  the  confessor  for  his  responsible  office,  the  exer- 
cise of  the  office  itself,  and  his  conduct  after  its  completion. 

Article  I 

THE     PREPARATION 

53.   The  Virtues  which  the  Confessor  must  possess. 

1.  As  in  the  administration  of  other  Sacraments,  the  confessor 
must  first  of  all  be  in  a  state  of  grace.  If  he  hears  confessions 
in  a  state  of  mortal  sin,  he  commits  as  many  sacrileges  as  he 
administers  absolutions.271  And  what  a  dishonor  to  God,  what  a 
calamity  for  the  priest  is  one  single  sacrilege !  St.  Alphonsus 
admonishes  confessors,  who  have  been  so  unhappy  as  to  commit 
a  grave  sin,  to  cleanse  their  own  consciences  by  confession  before 
administering  the  Sacrament,  or,  if  they  cannot  confess,  but 
must  hear  confessions,  to  elicit  perfect  contrition.  Whoever 
absolves  in  mortal  sin  dishonors  the  holy  Sacrament  intrusted 
to  him  by  God,  and  while  he  delivers  others  from  the  chains  of 
sin,  reconciles  them  to  God,  and  opens  the  gates  of  heaven  to 
them,  his  own  soul  becomes  more  and  more  entangled  in  sin, 
displeasing  to  God  and  exposed  to  perdition,  and  will  he  be  able 

271  Cf.  S.  Alph.  De  Sacrament,  n.  36. 
416 


VIRTUES    WHICH    THE    CONFESSOR    MUST    POSSESS     417 

to  discharge  his  holy  office  in  a  proper  manner?  Will  he  who 
is  himself  given  to  sin  effectively  destroy  the  kingdom  of  sin 
by  his  admonition,  instruction,  and  exhortation?  The  right 
administration  of  the  Sacrament  of  Penance  demands  of  the 
priest  a  deep  hatred  and  personal  abhorrence  of  sin. 

2.  The  minister  of  the  Sacrament  of  Penance  must,  there- 
fore, be  confirmed  in  virtue.  He  who  will  lead  others  to  virtue 
(and  that  is  surely  also  a  duty  of  the  confessor)  must  first  be 
virtuous  himself.  Qui  sibi  nequam  est,  cui  alii  bonus  erit,  ex- 
claims the  wise  man  in  the  Old  Testament  (Eccli.  xiv.  5).  Noth- 
ing exercises  such  great  power  over  the  minds  of  the  people  as 
the  good  example  of  a  priest,  and  only  then  do  they  believe 
firmly  when  they  see  him  practice  what  he  teaches.  "That 
voice  penetrates  deeper  into  the  heart  which  the  life  of  the 
speaker  confirms,"  says  Gregory  the  Great  (Reg.  Past.).  St. 
Antoninus  recalls  the  words  of  St.  Augustine:  "The  priest  to 
whom  every  malady  is  to  be  exposed  must  not  fail  in  any  one 
of  the  points  which  he  is  to  judge  in  others;  else  he  condemns 
himself  while  sitting  in  judgment  over  others.  When  the  adul- 
terous woman  was  taken  before  the  Lord,  He  said  to  the  Phari- 
sees, 'Let  him  amongst  you  who  is  without  sin  cast  the  first 
stone  upon  her.'  But  as  none  seemed  free  from  sin,  they  all 
withdrew,  and  did  not  care  to  condemn  the  woman."  "There- 
fore," adds  St.  Augustine,  "priests  are  more  culpable  than  the 
Pharisees  if  they,  though  guilty  themselves,  dare  to  condemn 
others."272  It  is  an  irrefutable  maxim  of  the  Angelic  Doctor 
that,  in  the  administration  of  this  divine  Sacrament,  the  Con- 
fessor cooperates  in  a  personal  way  with  God.  It  is  not  suffi- 
cient for  him  to  live  in  a  state  of  grace  in  order  to  be  a  useful 
servant  in  the  work  of  saving  sinners;  he  must  be  solicitous 
about  the  practice  of  all  the  virtues,  for  a  lukewarm  confessor, 
without  interest  in  his  work,  who  does  not  exercise  himself  in 

272  Cf.  S.  Leonard  a  Povt-Maur.,  Instruction,  etc.,  pp.  15-16. 


418  THE   MINISTER    OF    THE    SACRAMENT 

prayer  and  mortification,  can  only  discharge  this  divine  office 
carelessly.  His  words  will  not  be  inflamed  by  love,  nor  Ms 
warnings  animated  by  zeal,  nor  his  counsels  beget  confidence.273 
3.  Amongst  the  virtues  which  the  confessor  must  possess, 
charity  occupies  the  first  place.  As  St.  Alphonsus  says  em- 
phatically, the  confessor  must  have  a  heart  full  of  love,  in  order  to 
discharge  his  office  properly.  This  love  of  the  confessor,  as  Louis 
de  Ponte  says,  must  have  all  the  dimensions  which  the  Apostle 
in  his  letter  to  the  Ephesians  demands ;  the  love  of  the  confessor 
must  be  so  broad  that  he  embraces  in  his  heart  all  the  sinners 
of  the  whole  world,  excluding  no  one  that  will  do  penance, 
and,  like  the  father  in  the  Gospel,  hastening  with  open  arms  to 
meet  and  receive  every  prodigal  son  who  returns  home ;  so  long- 
suffering  that  he  does  not  grow  weary  if  he  has  to  wait  a  long  time 
for  the  sinner,  and  has  often  (seventy  times  seven)  to  deplore 
his  relapse  if  only  he  will  return  repentant;  so  highly  spiritual 
that  he  readily  incites  sinners  to  a  greater  perfection ;  so  humble 
that  he  stoops  to  the  most  abandoned  criminal  to  lend  him  a 
helping  hand,  however  low  he  may  have  fallen  by  repeated 
indulgence  in  the  most  shameful  sins.  "Remember,"  writes 
St.  Francis  of  Sales,  "that  penitents  address  you  all  as  'father.' 
You  must,  therefore,  have  a  fatherly  heart  for  them;  receive 
them  with  love,  listen  to  them  with  patience ;  do  not  grow  tired 
of  their  unmannerly  behavior,  their  ignorance,  their  fickleness; 
do  not  cease  helping  them,  that  you  may  at  any  cost  save  their 
souls.  Defiled  though  they  be,  they  are  not  on  that  account  less 
precious;  like  pearls,  they  lose  nothing  by  the  dirt  into  which 
they  have  fallen.  Only  try  to  cleanse  them  in  the  Precious 
Blood  of  the  innocent  Lamb,  and  unite  them  to  God,  that  they 
may  become  heirs  of  eternal  glory,  and  may  one  day  eclipse 
the  stars  by  their  splendor."274  And  St.  Alphonsus  teaches: 
"When  an  unhappy  sinner  comes,  good  confessors  receive  him 

273  Instructions  for  Confessors,  n.  3,  p.  24  ff. 

274  Monita  ad  Confessarios,  en.  1.  art.  I. 


VIRTUES     WHICH    THE    CONFESSOR    MUST    POSSESS     419 

with  cordial  love,  and  rejoice  like  a  conqueror  who  has  made 
booty,  reflecting  that  it  has  been  given  to  them  to  snatch  a  soul 
from  the  hands  of  Satan.  They  know  that  this  Sacrament  was 
really  instituted  not  for  the  just,  but  for  sinners  .  .  .  that 
.Jesus  Christ  said:  'I  am  not  come  to  call  the  just,  but  sinners' 
(Mark  ii.  17).  Therefore  are  they  rilled  with  love,  and  the 
deeper  they  see  the  soul  sunk  in  the  filth  of  sin,  the  greater  love 
do  they  show  in  order  to  win  it  for  God."  275  The  good  confessor 
exercises  in  his  office  all.  the  works  of  mercy  by  which  charity 
manifests  itself,  as  Louis  de  Ponte  so  beautifully  says:  "Hear- 
ing confessions  and  absolving  penitents  is  a  truly  heroic  act, 
and  unspeakably  well  pleasing  to  the  divine  Majesty;  because 
in  a  special  maimer  he  exercises  here  the  corporal  and  spiritual 
works  of  mercy.  He  teaches  the  ignorant,  guides  the  erring, 
repairs  injuries,  comforts  the  sorrowful  and  the  downcast,  im- 
parts salutary  counsel  to  the  doubting,  makes  effectual  inter- 
cession with  God  for  those  whose  salvation  is  endangered.  He 
breaks  the  cruel  chains  of  the  captive  and  liberates  him  from 
shameful  slavery,  clothes  the  clean  with  the  garment  of  grace, 
offers  to  the  needy  and  to  the  weary  spiritual  food  and  drink. 
Therefore  I  am  convinced  that  God  shows  mercy  to  the  good 
and  zealous  confessor:  since  '  Blessed  are  the  merciful,  for  they 
shall  obtain  mercy.'  "  276  Therefore,  the  office  of  the  confessor  is 
very  meritorious.  But  in  order  that  he  may  gain  from  it  un- 
diminished merit,  let  him  administer  it  out  of  love,  pure  love  for 
God  and  for  souls.  And  that  he  may  always  do  so  Lehmkuhl 
recommends  him  frequently  to  consider:  (1)  who  He  is  whose 
office  he  discharges;  (2)  who  he  is  who  discharges  it;  and  (3)  who 
he  is  for  whom  he  discharges  it.  For  the  priest  represents  in 
this  holy  tribunal  the  person  of  Christ  as  Redeemer,  who  gave 
Himself  as  ransom  for  souls,  who  had  this  individual  soul  be- 
fore His  eyes  when  He  suffered,  when  He  instituted  the  Sacra- 

275  Praxis  Conf.  n.  3. 

276  Sensa  pretiosa,  P.  0,  n.  17,  sqq. 


420  THE    MINISTER    OF    THE    SACRAMENT 

ment  of  Penance,  who  as  God  from  all  eternity,  as  Man,  from  the 
first  moment  of  His  incarnation,  chose  this  hour  of  His  special 
love,  in  which,  by  the  influence  of  grace,  the  sinner  would  be 
brought  to  the  feet  of  the  priest,  by  whose  help  and  endeavor 
he  might  be  sanctified  and  saved.  But  the  confessor  who  dis- 
charges this  divine  office  and  cooperates  with  Christ  in  the  divine 
work  of  the  salvation  of  sinners,  must  recognize  that  it  is  without 
any  merit  on  his  part  that  he  has  been  raised  to  such  an  exalted 
dignity.  The  confessor  has,  perhaps,  .himself  grievously  failed 
and  in  no  way  can  he  better  atone  for  his  faults  than  by  zeal  in 
blotting  out  and  preventing  the  sins  of  others;  and  if  he  should 
have  no  sins  of  his  own  to  expiate,  he  should  not  forget  that  he 
owes  this  singular  favor  to  Christ  and  His  grace. 

The  confessor  must  see  in  the  penitent  a  brother  of  Christ, 
sprinkled  with  the  Blood  of  Christ,  who  now,  to  the  shame  of 
Christ,  has  fallen  into  the  most  wretched  captivity  and  slavery 
of  the  devil;  who,  nevertheless,  is  dearly  loved  by  God  and 
Christ,  and  is  called  to  eternal  and  blissful  union  with  Him; 
who  will,  perhaps,  one  day  be  a  great  saint  in  heaven,  and,  if 
he  dies  before  the  confessor,  will  there  be  an  intercessor  for  him ; 
or  will  certainly,  out  of  gratitude,  pray  for  him  here  on  earth.277 
The  confessor  should  often  read  what  St.  Alphonsus  writes 
in  his  Homo  apostolicus  about  the  love  of  the  confessor : 278  "  This 
love  must  be  chiefly  exercised  in  receiving  all,  especially  the  poor, 
the  ignorant,  and  sinners  in  a  friendly  manner.  ...  A  still 
greater  love  must  the  confessor  exercise  in  hearing  the  confes- 
sion itself.  .  .  .  And  at  the  end  of  the  confession  the  confessor 
should,  with  much  zeal,  show  to  the  sinner  the  heinousness  of 
his  sins.  This  is  the  way  by  which  you  may  gain  sinners  if 
you  employ  the  very  greatest  love  in  dealing  with  them."  This 
love  of  the  confessor  produces  in  him  that  zeal  for  souls  which 
should  especially  animate  him.     When  the  confessor  discharges 

277  Lehmkuhl,  1.  c.  n.  432. 

278  Tract.  21,  mi.  1,  2,  3. 


VIRTUES     WHICH    THE    CONFESSOR    MUST    POSSESS     421 

his  office  with  zeal,  souls  (as  experience  shows)  are  not  less 
effectually  led  to  God  than  by  preaching.  "Be  certain,"  ex- 
claims St.  Leonard  of  Port  Maurice,  "  that  in  a  single  morning 
which  you  have  dedicated  to  God  in  the  confessional  for  the 
purpose  of  helping  poor  sinners,  you  acquire  more  merit  than  if 
you  were  to  perform  other  good  and  holy  works  for  a  whole 
year.  Indeed,  I  venture  to  say  that  it  is  sometimes  better  to 
interrupt  meditation,  reading,  the  Breviary,  or  any  other  pious 
exercise  in  order  to  hear  confessions.  .  .  .  We  should  be  con- 
tent to  sacrifice  for  a  time  even  the  contemplation  of  God  in 
order  to  comfort  poor  sinners.  St.  Ignatius  declared  that  he 
would  very  gladly  submit  to  a  postponement  of  the  bliss  of 
heaven  in  order  to  be  able  to  work  for  the  salvation  of  a  poor  soul. 
Does  not  that  passage  in  the  Gospel  terrify  you  where  the  ser- 
vant is  damned  because  he  had  not  used  the  talent  which  he 
had  received?  And  you,  who  have  received  from  the  Lord  not 
one,  but  three  and  four,  and  perhaps  ten  talents,  you  will  let 
them  lie  unused  !"  279 

The  most  beautiful,  the  most  efficacious  pattern  of  true,  wise, 
indefatigable  zeal  for  souls  is  He  whose  place  the  confessor 
occupies,  who  in  His  boundless  love  shunned  no  trouble,  effort, 
persecution,  or  suffering,  in  seeking  sinners,  teaching  them, 
moving  them  to  sorrow  and  penance,  and  pardoning  them, 
and  who  for  them  gave  up  His  life  in  shame  and  agony. 

Under  the  influence  of  this  love,  the  confessor  will  also  avoid 
certain  mistakes  which  are  very  injurious  to  his  ministry,  and 
by  no  means  becoming  in  a  representative  of  Christ. 

(a)  He  will  not  prefer  the  rich  and  the  high-placed  to  the  poor 
and  the  unfortunate,  but,  after  the  example  of  our  Saviour,  will 
embrace  the  poor  and  the  unfortunate  with  special  love.280 

(6)  He  will  not,  in  this  love  for  penitents,  be  influenced  by  any 
natural  inclination,  still  less  by  any  sinful  affection;   hence  he 

279  Instruction,  pp.  121-123. 

280  praxis  Conf.  n.  •'!. 


422  THE    MINISTER    OF    THE    SACRAMENT 

will  not  regard  himself  as  fortunate  if  his  confessional  is  besieged 
by  a  great  number  devotarum  mulierum,  nor  will  he  detain  them 
in  the  confessional  longer  than  is  necessary,  nor  treat  them  with 
too  great  familiarity,  but  rather  with  a  paternal  severity,  so 
that,  in  this  holy  service,  he  may  not  incur  temptation  and  ruin. 

(c)  He  will  not  allow  himself  to  be  influenced  by  the  rank  of 
the  penitent,  but  rather  remind  high  and  low,  rich  and  poor,  of 
their  duties  and  obligations,  and  thus  be  all  to  all.281 

(d)  He  will  employ  special  diligence  with  those  who  are  stained 
with  many  sins,  who  have  long  lived  in  evil  habit,  and  have  often 
relapsed,  that  they  may  be  lifted  out  of  the  slough  of  sin,  and 
led  to  God  and  a  new  life.  He  will  ponder  the  celebrated  words 
of  St.  John- Chrysostom :  "When  you  see  one  whose  soul  needs 
cure,  do  not  say  to  yourself:  why  did  not  this  one  or  that  one 
cure  him?  Cure  him  of  his  illness,  and  ask  not  why  others  have 
been  negligent.  If  you  see  gold  lying  on  the  ground,  do  you  say 
to  yourself:  why  did  not  this  one  or  that  one  pick  it  up?  Do 
you  not  hasten  to  pick  it  up  before  others?  Even  so,  think 
of  your  fallen  brothers,  that  you  have  found  a  treasure  in 
them."282 

(e)  In  hearing  confessions  he  will  increase  his  love  and  show 
it  by  kindness  and  gentleness;  he  will  manifest  no  sign  of  im- 
patience or  wonder,  even  when  the  penitent  confesses  very 
great  sins,  or  shows  a  hardened  unrepentant  heart,  or  is  un- 
couth and  tires  the  confessor  by  wrong  answers  and  confused 
statements. 

(/)  And  if  the  penitent  is  poorly  prepared  and  badly  disposed, 
the  confessor  must  use  every  endeavor,  especially  at  the  end  of 
the  confession,  to  render  him  perfectly  disposed  by  instructing 
him,  admonishing  him,  and  (as  the  penitent's  condition  may 
suggest)  by  blaming  or  reproving,  by  recalling  the  thought  of 

281  Cf.  Lugo  in  Benedict,  XTV,  Const,  "  Apostolica,"  26  June,  1749,  n.  20; 
S.  Alph.  Homo  Ap.  Tr.  21,  n.  4. 

282  Orat.  8.  advers.  Juda;os  in  Migne  Ser.  grseca,  T.  48,  col.  932. 


VIRTUES     WIIICII    THE    CONFESSOR    MUST    POSSESS      423 

God's  justice,  yet  so  as  rather  to  inspire  confidence  and  to  open 
the  door  of  love  and  mercy.283 

(g)  Nor  let  the  priest  be  sad,  despondent,  and  dejected  if  he 
perceives  no  progress,  or  only  a  little,  and  very  slow  progress  in 
those  on  whom  he  has  expended  so  much  trouble.  Zeal  for 
souls  will  guard  him  against  this  dangerous  rock.284 

4.  The  confessor  must,  moreover,  be  eminently  pure.  He 
hears  so  many  sins  of  impurity;  the  saddest  lapses  from  virtue 
are  disclosed  to  him;  he  must  put  questions  in  order  to  draw 
out  and  complete  the  confession  of  these  sins;  some  penitents 
express  themselves  very  awkwardly,  and,  alas  !  by  most  lament- 
able abuse  of  the  holy  Sacrament,  snares  are  laid  to  the  chastity 
of  the  confessor.  In  order  to  escape  these  dangers  and  that  he 
may  not  be  defiled  while  cleansing  and  healing  others,  the  con- 
fessor must  have  a  great  love  for  holy  purity,  and  be  confirmed 
in  this  virtue  so  as  to  suppress  resolutely  and  at  once  all  rising 
temptations  and  sensual  emotions.  Let  him  arm  himself  with 
a  pure  and  holy  intention,  seeking  only  the  honor  of  God  and  the 
salvation  of  souls;  let  him  avoid  all  familiarity  with  female 
penitents,  ever  having  as  witnesses  of  his  words  and  actions 
God  and  his  own  and  his  penitent's  guardian  angels;  finally, 
let  him  shield  himself  by  frequent  prayer,  especially  to  Mary, 
the  purest  of  Virgins. 

5.  Lastly,  the  confessor  must  be  equipped  with  inexhaustible 
patience.  Intrusive,  scrupulous,  melancholy,  distrustful,  rough, 
obstinate  penitents,  will  easily  rouse  to  impatience  and  anger 
a  confessor  who  is  vehement  and  excitable.  Great  patience  is, 
therefore,  necessary  that,  while  correcting  the  faults  of  others 
and  giving  peace  to  souls,  he  may  not  fall  into  faults  himself, 
become  perplexed  in  heart,  and  lose  his  peace  of  mind.  He  who 
vvill  take  away  the  sins  of  the  world  must  be  as  meek  as  a  lamb. 

283  S.  Alph.  Praxis,  n.  77.  Cf.  Lehmkuhl,  1.  c.  n.  434;  Aertnys,  Instruct. 
pract.  P.  I.  cp.  IV.  mi.  18-25. 

284  Cf.  S.  Bernard.  De  Considerat.  IV;  S.  Bonavent.  De  sex  alis,  cp.  5. 


424  THE    MINISTER    OF    THE    SACRAMENT 

54.   The  Scientific  Equipment  of  the  Confessor. 

St.  Alphonsus  teaches 285  that  the  confessor  who  hears  confes- 
sions without  sufficient  knowledge  is  in  clanger  of  eternal  repro- 
bation. And  justly  does  the  sainted  teacher  express  himself 
so  seriously.  If  the  Lord  demanded  from  the  priests  of  the  Old 
Testament  that  their  lips  should  keep  knowledge,  and  that  the 
law  should  be  sought  at  their  mouths  (Malach.  ii.  17),  and  if  He 
threatens  the  priest  of  the  Old  Testament  by  the  mouth  of  the 
prophet:  (Os.  iv.  6)  "Because  thou  hast  rejected  knowledge, 
I  will  reject  thee,  that  thou  shalt  not  do  the  office  of  priesthood 
to  me,"  this  applies  in  a  much  higher  degree  to  the  priest  of 
the  New  Law,  who,  as  representative  of  God,  discharges  the 
office  of  judge  of  souls,  and  holds  in  his  power  their  eternal 
welfare  or  their  eternal  ruin.  An  ignorant  priest,  one  not 
equipped  with  the  knowledge  necessary  for  so  responsible  and 
important  a  Sacrament,  exposes  himself  to  the  danger  of  per- 
nicious error,  the  Sacrament  to  the  danger  of  dishonor,  and  the 
penitent  to  the  danger  of  damnation.  An  ignorant  confessor 
works  much  ruin. 

How  great  the  knowledge  of  the  confessor  must  be  is  shown 
by  the  consideration  that  he  discharges  the  office  of  teacher, 
physician,  and  judge,  to  people  in  the  most  diverse  positions 
and  circumstances  of  life  and  the  most  unequal  conditions  of 
soul  and  mind.  He  is  appointed  for  them  all;  they  all,  without 
exception,  come  to  him,  and  he  must  instruct  them  upon  the 
most  important  matters ;  he  must  know  all  diseases  and  wounds, 
must  examine  and  cure  them;  upon  all  sins  he  must  pronounce 
judgment,  a  just  judgment,  and  one  as  much  as  possible  in  accord- 
ance with  the  judgment  of  God !  Truly,  if  any  one  who  under- 
takes an  office  ought  to  be  provided  with  the  knowledge 
requisite  for  its  fitting  discharge,  it  is  the  priest,  for  upon  the  fit- 

285  Praxis  Confess,  n.  18.  Cf.  Rituale  Rom.  Tit.  III.  cp.  1,  De  Sacram. 
Poenit. 


SCIENTIFIC    EQUIPMENT    OF    THE    CONFESSOR         425 

ting  discharge  of  his  office  depends,  not  some  temporary  good  or 
evil,  but  eternal  salvation  -  -  his  own  and  that  of  his  penitent ! 
St.  Teresa  was  moved  to  the  following  utterance  in  her  biog- 
raphy (chap.  5) :  "Half-instructed  confessors  have  done  my  soul 
great  harm;  for  I  could  not  always  have  such  learned  ones  as 
I  would  have  desired.  They  certainly  did  not  wish  to  deceive 
me,  but  the  fact  was  that  they  knew  no  better.  Of  something 
which  was  a  venial  sin,  they  said  it  was  no  sin,  and  out  of  a  very 
grave  mortal  sin  they  made  a  venial  sin.  This  has  done  me 
such  harm,  that  my  speaking  here  of  so  great  an  evil,  as  a  warn- 
ing to  others,  will  be  readily  understood."  The  following  prin- 
ciples are  to  be  laid  down  respecting  the  scientific  outfit  of  the 
confessor :  — 

I.  The  confessor  is  bound  sub  gravi,  to  possess  all  the  knowl- 
edge which  is  necessary  to  discharge  his  office  without  com- 
mitting serious  errors. 

(1)  Generally  speaking,  the  confessor  must,  therefore,  know 
his  moral  theology  thoroughly.  He  must  know  particularly 
what  he  has  to  do  in  order  to  administer  the  Sacrament  rightly ; 
he  must  know  upon  what  subject  he  has  to  instruct  the  peni- 
tents, what  he  may  permit,  and  what  he  must  forbid ;  he  must 
especially  understand  how  to  dispose  penitents  who  are  not 
disposed ;  how,  and  through  what  motives,  acts  of  faith,  of  hope, 
of  love,  and  contrition  (both  attritio  and  contritio)  are  to  be 
awakened;  for  he  must  very  often  rouse  the  penitents  to  such 
acts,  and  even  in  many  cases  recite  them  for  his  penitents. 

(2)  Moreover,  he  must  know  accurately  which  of  the  sins  that 
usually  occur  are  mortal,  and  which  venial,  at  least  ex  genere 
suo;  "he  must  understand  how  to  distinguish  them  secundum 
principia  communia,  though  not  in  cazisis  difficiUimis,',  or,  as 
Lugo  says:  "This  knowledge  need  not  be  of  such  a  kind  that 
in  all  cases  he  is  able  to  distinguish  between  mortal  or  venial  sins, 
but  only  in  those  of  frequent  occurrence;  as  for  the  rest,  let 
him  hear  and  understand,  and  then  absolve  with  the  necessary 


426  THE    MINISTER    OF    THE    SACRAMENT 

intention."286  He  must  know :  (3)  the  species  and  circumstantice, 
and  how  the  number  is  expressed ;  (4)  what  is  usually  necessary 
for  the  validity  of  documents,  for  valid  contracts,  for  a  valid 
marriage,  and  what  circumstances  invalidate  contracts  and 
marriages,  etc. ;  (5)  when  restitution  in  matters  of  property  and 
of  honor  must  take  place ;  the  duties  of  individuals  according  to 
their  different  stations,  occupations,  and  obligations;  (6)  what 
powers  belong  to  him,  what  limits  there  are  to  these  powers, 
the  casus  reservati,  and  ecclesiastical  censures;  (7)  how  the  dis- 
position of  the  penitent  may  be  recognized,  what  means  of 
amendment  he  should  and  must  prescribe,  what  penance  he  can 
or  must  impose.287 

II.  The  confessor,  however,  is  not  obliged  to  possess  a  scientia 
eminens  (or  exquisita)  so  as  to  be  able  to  pronounce  the  right 
decision  at  once  in  every  question  which  occurs.  What  the 
tlieologians  call  a  scientia  mediocris  suffices;  that  is,  he  must 
know,  but  know  thoroughly  and  well,  cases  of  more  usual  occur- 
rence, and  in  more  difficult  things  saltern  prudenter  dubitare; 
that  is,  he  must  know,  in  a  given  case,  that  a  difficulty  exists  and 
what  the  difficulty  is,  and  that  he  should  obtain  information 
before  he  decides.  He  must  also  be  acquainted  with  good  books 
which  he  may  consult,  and,  finally,  he  must,  when  necessary, 
seek  guidance  from  well-informed  men.  What  Lacroix  writes 
(1.  c.)  upon  this  point  is  worthy  of  attention:  "However  well 
informed  a  confessor  may  seem  to  be,  it  is  not  well  to  solve 
intricate  questions  at  once,  especially  in  cases  of  obstacles  to 
marriage,  simony,  or  restitution;  in  such  cases  you  must  rather 
tell  the  penitent  that  you  do  not  dare  to  decide  the  matter  at 
once,  in  view  of  its  difficulty,  and  request  him  to  wait  a  little 
while.  By  doing  so,  the  confessor  will  not  lose  the  esteem  of 
the  penitent ;  on  the  contrary,  the  latter  will  understand  that  he 

286  De  Poenit.  Disp.  21,  n.  70. 

287  Cf.  Lacroix,  Lib.  VI.  P.  IT.  n.  1789;  S.  Alph.  Lib.  VI.  n.  627;  Marc, 
1.  c.  n.  1787;  Aertnys,  1.  c.  n.  266;  Lehmkuhl,  1.  c.  n.  439. 


SCIENTIFIC    EQUIPMENT    OF    THE    CONFESSOR         427 

takes  the  matter  conscientiously  and  seriously,  and  will  place  all 
the  more  confidence  in  the  confessor's  decision,  whereas  scruples 
frequently  remain  when  a  decision  is  given  quickly  and  without 
specifying  the  grounds  for  it.  In  this  way  errors  will  be  avoided. 
This  exhortation  applies  especially  to  confessors  who  are  not 
very  well  instructed,  but  who  absolve  and  give  dispensations  in 
all  possible  directions,  the  more  confidently  the  less  their  igno- 
rance permits  them  to  entertain  a  doubt."  And  to  this  the 
learned  author  adds  the  following  remark:  "Moreover,  a  medi- 
ocris,  but  solida  doctrina,  is  more  useful  than  a  sunima  et  exquisita 
cognitio  when  the  latter  is  not  united  to  prudence  and  discretion. 
For  those  who  have  no  sober  judgment  treat  everything  with 
such  theological  subtlety  that  they  often  involve  themselves 
and  others  in  scruples  and  other  difficulties;  it  is,  therefore, 
better  to  adapt  one's  self  in  such  questions  to  the  usage  of  the 
Church  and  of  prudent  confessors." 

The  confessor  must  obtain  this '  knowledge  and  conserve  it 
(a)  by  serious  study  of  moral  theology.  Continuous  study  is 
necessary ;  for  as  moral  theology  embraces  such  various  matters, 
they  would  in  time  be  forgotten  unless  recalled  to  memory  by 
repeated  study.288  The  Roman  Ritual  admonishes  confessors  to 
acquire  the  greatest  possible  knowledge  and  wisdom,  by  zealous 
prayer  to  God,  as  well  as  by  the  study  of  approved  authors 
and  the  prudent  counsel  of  experienced  men.289  And  Benedict 
XIV  says  in  his  Constitution  "Apostolica"  (26  June,  1749), 
n.  21:  "It  were,  indeed,  to  be  desired  that  every  confessor 
should  possess  that  degree  of  knowledge  which  is  called  eminens, 
but  as  this  is  the  gift  of  a  few  only,  it  is  absolutely  necessary 
that  each  one  should  be  furnished  with  at  least  competent  knowl- 
edge." St.  Alphonsus  gives  the  reason  for  this  when  he  says :  29° 
"  We  know  well  that  the  sacramental  confessions  will  not  produce 

28»  Cf.  S.  Alph.  Praxis  Conf.  n.  18. 

289  Rituale  Roman.  Tit.  III.  cp.  1,  n.  3. 

290  Praxis  Confess,  n.  IS. 


428  THE    MINISTER    OF    THE    SACRAMENT 

the  fruit  which  we  expect  and  desire,  if  they  are  not  heard  by 
blameless,  learned  priests,  and  priests  well  instructed  in  the 
salutary  doctrines  of  the  Church." 

(b)  The  confessor  would  err  if,  as  confessor,  he  should  wish 
to  dispense  with  the  study  of  dogmatic  theology.  For  the  con- 
fessional is  the  place  in  which  he  who  is  wavering  in  faith  must 
be  instructed  and  confirmed;  it  is  precisely  in  the  guidance 
of  souls  that  the  Christian  moral  law  is  shown  to  be  the  outcome 
of  the  doctrine  of  faith ;  the  dogmas  of  the  Church  supply  the 
strongest  motives  for  amendment  and  a  holy  life;  it  is  in  the 
minds  that  have  grasped  with  full  and  enthusiastic  hold  the 
Church's  doctrines  in  whom  we  find  that  masterly  authority 
and  certainty  to  which  the  soul  gladly  submits;  and,  without 
this,  a  ministry  is  exposed  to  thousands  and  thousands  of  errors 
in  the  decision  of  questions  of  conscience.  "  Give  me  a  soul 
thoroughly  firm  in  faith,  and  in  that  faith  the  soul  finds,  as  if 
spontaneously,  its  rule  of  life:  Justus  ex  fide  vivit.  A  priest 
imbued  with  his  Church's  teaching  is  as  a  bright  star  leading 
others  on  the  right  road."  291 

(c)  In  addition  to  dogma  and  moral  the  confessor  needs  a 
third  science  —  and  this  we  may  call  the  science  of  the  saints, 
the  doctrine  of  Christian  virtues  or  perfection.  It  is  not  foreign 
to  moral  theology ;  it  properly  belongs  to  it  as  a  part  to  the 
whole.  At  the  Synod  of  Westminster,  in  the  year  1873,  Bishop 
Ullathorne  of  Birmingham  spoke  of  this  science  as  follows: 
"  Moral  theology  has  two  branches :  the  first  is  occupied  with 
the  right  judgment  of  sins;  the  second  aims  at  the  practice  of 
virtue.  As  a  science,  the  former  is  much  more  developed  than 
the  latter;  the  former  enables  the  priest  to  become  a  judge; 
it  deals  with  the  Commandments  of  God,  the  duties  of  individual 
classes;  it  draws  the  boundary  line  between  what  is  sin  and 
what  is  not  sin,  what  is  of  obligation  and  what  is  not  of  obliga- 

291  Renninger-Gopfert,  PastoraJtheologie,  I.  Buch,  I.  Tl.  §  82,  S.  225 f. 


SCIENTIFIC    EQCII'MENT    OF    THE    CONFESSOR         429 

tion.  This  is  moral  theology;  if  its  rules  are  applied  to  indi- 
vidual cases,  we  have  casuistry.  The  second  science  is  called 
the  science  of  the  saints,  asceticism,  and  it  makes  the  priest  a 
guide  of  souls  on  the  road  to  perfection.  While  the  first  is  more 
cultivated  in  the  schools,  the  latter  is  left  more  to  the  individual's 
zeal  and  devotion.  Yet  the  science  of  perfection  is  necessary; 
for  that  which  is  known  in  scientific  form  makes  a  deeper  im- 
pression. There  is  great  danger  in  cultivating  the  former  with- 
out the  latter.  If,  in  the  discharge  of  his  office  as  judge,  a  man 
does  not  cast  his  eyes  upward,  he  judges  of  sin  and  duty  accord- 
ing to  the  standards  of  lawfulness  and  not  according  to  the 
light  of  perfection  which  must  guide  us." 

III.  An  extensive  knowledge  is  not  necessary  to  all  confessors; 
the  necessary  knowledge  must  rather  be  relative;  that  is,  adapted 
to  the  condition  of  the  penitents  who  come  to  confess.  He, 
therefore,  who  hears  confessions  at  a  place  to  which  penitents 
of  various  stations,  professions,  and  circumstances,  with  various 
degrees  of  education  resort,  must  possess  much  greater,  more 
comprehensive,  knowledge,  than  another  priest  who  only  hears 
the  confessions  of  illiterate,  simple  people.  Although  a  priest 
who  is  conscious  of  his  ignorance,  or  of  his  defective  knowledge 
of  moral  theology,  and  yet  hears  confessions,  is,  as  St.  Alphonsus 
says,  in  statu  damnationis,  there  may  be  cases  in  -which  an  igno- 
rant confessor  can  and  must  hear  confessions,  namely,  in  cases 
of  extreme  necessity,  and  when  no  other  priest  is  present,  thus :  — 

(a)  In  the  hour  of  death,  when  a  better-informed  confessor  is 
wanting;  (b)  in  any  similar  case  of  necessity,  for  instance, 
when  Christians  are  the  captives  of  infidels  and  can  only  obtain 
an  ignorant,  unlearned  confessor  -  -  this  situation  being  rightly 
regarded  as  "  necessitas  moraliter  extrema."  292  "  On  these  grounds 
Superiors  may  frequently  be  excused  who  appoint  priests  not 
well   instructed   to  little  parishes  in   the   country;    this   they 

292  Cf.  Lugo,  1.  c.  Disp.  21,  i).  70. 


430  THE    MINISTER    OF    THE    SACRAMENT 

generally  do  because  they  have  none  better  instructed  to  send 
to  these  parishes.  As  provision  cannot  be  otherwise  made  for 
such  places,  it  is  better  that  they  should  have  a  confessor  who 
is  not  well  instructed  than  none  at  all.  The  bishop,  however, 
must  remind  such  a  priest  of  his  lack  of  knowledge,  and  admonish 
him  to  acquire,  as  his  duty  strictly  requires  him  to  do,  better 
knowledge,  in  order  that  he  may  well  discharge  his  office  as  con- 
fessor. This  duty  is  always  incumbent  on  the  parish  priest,  even 
when,  in  view  of  the  necessitous  state  of  a  flock,  a  bishop  may 
be  forced  to  intrust  a  parish  to  a  priest  who  is  not  sufficiently 
instructed.  The  same  applies  to  other  priests  in  charge  of 
souls."  293  Nevertheless,  it  must  be  the  most  serious  concern  of 
every  bishop  to  procure  well-trained  and  educated  priests. 

IV.  If  a  priest  is  in  doubt  as  to  whether  he  possesses  the  requi 
site  knowledge  for  discharging  the  office  of  confessor,  he  can 
rest  content  with  the  judgment  of  his  Superior,  if  the  latter 
is  sufficiently  informed  of  his  education  and  capacity  by  mears 
of  the  examination  for  approbation,  or  some  other  theological 
test,  or  in  consequence  of  long  intercourse  with  him,  or  has 
been  informed  concerning  it  by  some  other  prudent  man.  Of 
itself,  the  approbation  which  he  has  received  cannot  satisfy  a  priest, 
nor  excuse  the  confessor  who  is  conscious  of  his  defective  knowledge; 
for  the  approbation  presupposes  the  necessary  knowledge  but 
does  not  impart  it.  St.  Alphonsus  teaches  —  in  agreement  with 
all  authors:  "A  confessor  who  is  not  conscious  of  being  quite 
incapable  of  hearing  confessions,  is  justified  in  contenting  him- 
self with  the  judgment  of  his  Superior,  and,  indeed,  must  be 
so;  to  rely  upon  the  approbation  of  the  bishop,  and  then  believe 
that  one  is  freed  from  study,  is  presumption."  294  Moreover,  the 
Church  has  never  tired  of  admonishing  confessors  in  the  strongest 
terms,  of  their  strict  duty  to  acquire  and  maintain  the  knowl- 
edge requisite  for  the  administration  of  the  Sacrament  of  Pen- 


293 


Lugo,  1.  c.  294  Praxis  Conf.  n.  18. 


SCIENTIFIC    EQUIPMENT    OF    THE    CONFESSOR         431 

ance;  for  an  ignorant  confessor  causes  terrible  ruin  and  burdens 
himself  with  a  dreadful  responsibility. 

Y.  The  knowledge  of  the  confessor  must  be  practical  in  order 
to  further  the  salvation  of  souls  and  solve  the  casus  conscieniim 
which  occur.  On  this  point  St.  Alphonsus  expresses  himself 
in  the  following  manner:  "Many  who  pride  themselves  on  being 
instructed  and  distinguished  theologians  disdain  to  read  the 
moralists;  they  call  them  casuists,  an  opprobrious  name  in  their 
estimation.  They  say  that,  in  order  to  hear  confessions  prop- 
erly, it  is  sufficient  to  know  the  general  moral  principles  by  which 
all  individual  cases  can  be  solved.  Who  denies  that  all  cases 
must  be  solved  by  principles?  The  difficulty  lies  in  applying 
the  principles  to  individual  cases  complicated  with  so  many  cir- 
cumstances. This  cannot  be  done  without  carefully  weighing 
the  grounds  on  both  sides.  Here  the  moralists  step  in  to  solve 
the  difficulty;  they  seek  to  explain  by  what  principles  the  many 
particular  cases  must  be  solved.  Moreover,  there  are  in  our  days 
so  many  positive  laws,  Bulls,  and  decrees,  with  which  we  can  only 
become  acquainted  through  the  study  of  the  casuists  who  have 
collected  and  classified  them,  as  the  different  subjects  require. 
The  more  recent  the  moralists  are,  therefore,  the  more  useful 
are  they  in  comparison  with  the  earlier  ones  (in  this  respect,  of 
course).  The  author  of  the  work  Instructio  pro  novis  Confessa- 
riis  (p.  1,  n.  18)  rightly  says  that  with  regard  to  many  theologians 
the  more  deeply  versed  they  are  in  the  speculative  science,  the 
more  ignorant  they  are  of  moral,  which,  as  Gerson  writes,  is  the 
most  difficult  of  all;  and  however  familiar  any  one  may  be  with 
it,  he  will  always  be  obliged  to  add  to  his  information.  The 
learned  Sperelli295  likewise  says,  that  those  confessors  who  wholly 
give  themselves  up  to  the  study  of  scholastic  theology,  in  the 
belief  that  time  devoted  to  the  study  of  moral  is  wasted,  are  in 
great  error,  for  they  can  no  longer  distinguish  sin  from  sin;  and 

295  De  Episc.  ]>.  :),  c.  4. 


432  THE    MINISTER    OF    THE    SACRAMENT 

this,  he  says,  is  an  error  which  involves  confessors  and  penitents 
in  eternal  ruin."296 

With  these  words,  the  sainted  teacher  demonstrates  the  ne- 
cessity of  the  study  of  theological  casuistry.  At  the  same  time 
he  shows  also  (and  that  a  fortiori)  the  necessity  of  practical 
instruction  concerning  the  administration  of  the  Sacrament  of 
Penance,  as  in  this  the  confessor  learns  the  method  of  hearing 
confessions  rightly  and  with  fruit. 

VI.  Nothing  can  supply  the  defect  of  learning  in  the  confessor. 
1.  It  is  true  that  tact  and  a  natural  sagacity  greatly  assist  the 
confessor,  but  without  solid  knowledge  this  natural  capacity 
profits  him  nothing,  but  rather  often  exposes  him  to  the  danger 
of  lightly  deciding  a  matter  against  all  principles  of  sound  doc- 
trine. But  he  who  does  not  possess  this  innate  sagacity  must 
the  more  study  how  casuists  decide  cases,  in  order  to  sharpen 
his  judgment  and  learn  the  application  of  principles.297 

2.  Nor  can  experience  or  long  years  of  practice  in  the  confes- 
sional supply  the  place  of  learning.  By  experience  alone  one 
cannot  learn  what  is  allowed  and  what  is  not  allowed,  still  less 
how  consciences  are  to  be  guided ;  "  for  experience  which  is  not 
based  upon  knowledge  is  nothing  else  than  a  long  custom  of 
erring,"298  and  worse  than  the  condition  of  a  still  inexperienced 
but  well-instructed  confessor  is  that  of  a  gray-haired,  unlearned 
one,  who,  trusting  in  his  experience,  errs  in  his  own  judgment. 
Solid  knowledge  and  experience  must,  therefore,  be  united  in 
an  able  confessor.  A  long  practice  without  erudition  in  the  con- 
fessional is  rather  a  danger  than  a  help. 

As  an  excuse  for  not  studying  moral  theology,  many  confessors 
contend  that:  Practice  and  theory  are  different  things.  If  by 
this  is  meant  that  it  is  far  more  difficult  to  put  in  practice  the 

296  Praxis  Conf.  n.  17. 

297  Lehmkuhl,  1.  c.  n.  438. 

298  Ilobert,  Praxis  Sacra.  Pcenit.  Tract.  1,  cp.  4.  Cf.  Aertnys,  Instr. 
pract.  P.  1,  cp.  1,  n.  7. 


SCIENTIFIC    EQUIPMENT    OF    THE    CONFESSOR         433 

rules  for  the  administration  of  the  Sacrament  of  Penance  than 
to  learn  them,  this  contention  is  right  and  just,  and  the  deduc- 
tion is  that  even  a  very  well-informed  confessor  must  not  trust 
to  his  own  insight,  but  must  unceasingly  implore  light  from  on 
high.  But  if  the  above  argument  is  to  be  understood  (as  igno- 
rant confessors  use  it)  to  mean  that  something  which  is  true  in 
theory  is  in  practice  not  always  true,  and  that  it  is  impossible 
always  to  observe  the  rules  taught  by  theology,  this  would  be 
a  very  pernicious  error.  If  this  were  true,  souls  would  be  no 
longer  led  by  the  doctrine  approved  in  the  Church,  but  by  the 
intelligence  or  the  arbitrary  will  of  the  individual  confessors. 
Practice  is  nothing  else  than  the  application  of  certain  rules. 
How  could  a  confessor  understand  the  practical  art  of  hearing 
confessions  without  possessing  the  theoretical  science  which 
consists  in  a  knowledge  of  the  rules?  Right  practice  in  the 
administration  of  the  Sacrament  of  Penance  is  nothing  else 
than  right  application  of  rules.299 

St.  Alphonsus  puts  the  question :  Must  a  simple  priest  qualify 
himself  for  hearing  confessions  by  the  study  of  moral  theology, 
if  he  sees  that  (in  his  diocese)  there  is  a  great  want  of  confessors? 
And  he  answers  in  the  affirmative,  "as  Christ  appointed  priests 
expressly  for  the  purpose  of  saving  souls,  and  the  salvation  of 
souls  is  chiefly  effected  by  the  holy  Sacrament  of  Penance.  Ac- 
cordingly, how  can  a  priest  be  pronounced  free  from  sin  who, 
out  of  negligence,  does  not  hear  confessions,  or  does  not  qualify 
himself  to  do  so  when  he  sees  great  need  for  it  -  -  how  will  such 
a  one  avoid  the  reproaches  of  the  Lord,  or  escape  the  punish- 
ments with  which  He  threatens  the  idle  servant  ?  Such  priests 
must  not  say  that  they  did  their  duty  if  they  helped  souls  in 
another  way,  by  instruction,  by  prayer,  by  exhortation;  that, 
I  say,  is  not  enough,  because  they  must  help  their  neighbor  in 
that  which  is  necessary  to  his  salvation.     Nor  must  it  be  said 

299  Cf.  Aertnys,  Tnstit.  pract.  1.  c.  n.  8. 


434  THE    MINISTER    OF    THE    SACRAMENT 

that  hearing  confessions  is  a  duty  of  charity,  and  that  charity 
does  not  bind  under  such  great  difficulty  as  is  involved  in  under- 
taking the  labor  which  the  acquirement  of  the  knowledge  neces- 
sary for  the  administration  of  the  Sacrament  of  Penance  entails. 
For  it  may  be  answered  that  even  if  hearing  confessions  is  a 
duty  of  charity,  it  is  of  the  essence  of  the  sacerdotal  office,  and 
incumbent  on  every  priest  when  necessity  requires  it."  30° 

55.  The  Prudence  of  the  Confessor. 

In  addition  to  knowledge  the  confessor  must  possess  great 
prudence,  as  his  office  is  beset  with  difficulties  and  dangers. 

The  necessity  for  prudence  in  the  confessor  is  shown  in  the 
very  meaning  of  the  word ;  for  prudence  is  nothing  else  than 
the  good  use  and  the  right  application  of  principles  and  rules 
in  any  business,  or,  according  to  the  Angelic  Doctor,  the  right 
application  of  general  principles  to  the  individual  case.301  It  is, 
therefore,  called  the  right  way  of  acting.  It  is  not,  of  course, 
the  prudence  of  the  world  and  the  flesh  which  we  have  here  in 
view,  that  prudence  which,  before  God,  is  folly  \l  Cor.  iii.  19), 
which  sacrifices  higher  things  for  earthly  profit ;  nor  is  it  human 
respect,  which  in  weakness  and  fear,  abandons  principles  for 
a  momentary  success  (prudentia  diabolica,  Jac.  iii.  15),  but  the 
supernatural  virtue  of  prudence,302  which  springs  like  a  flower 
from  sanctifying  grace  and  the  love  of  God ;  which,  in  Confirma- 
tion, the  Holy  Ghost  bestows  for  individual  use,  and  which  is 
renewed  for  the  public  good  in  the  ordination  of  the  priest: 
this  is  that  prudence  which  our  divine  Saviour  recommended 
to  His  disciples,  when  He  said  to  them:  " Estote  prudentes  sicut 
serpentes."  303  Now  the  office  of  the  confessor  is  of  a  thoroughly 
practical  nature,  difficult,  and  of  the  highest  importance,  as,  in 

300  Homo  Apost.  Tr.  10,  cp.  6,  n.  127. 
801  H.  II.  Q.  14,  art.  3. 

302  S.  Thorn.  IT.  IT.  Q.  17.  art.  4. 

303  Stang,  Pastoral  Theol.  1.  c.  TV.  28. 


the  Prudence  of  tue  confessor  435 

the  exercise  of  it,  he  may  benefit  or  injure  both  himself  and  others, 
according  as  his  conduct  is  prudent  or  imprudent.  Prudence, 
therefore,  not  less  than  knowledge,  is  necessary  to  the  confessor. 
Prudence  is  the  queen  of  the  virtues,  which  counsels  well,  judges 
rightly,  and  effectually  conducts  to  the  goal  proposed.304 

The  confessor  must  be  prudent  both  towards  the  'penitent  and 
towards  himself,  that  he  may  injure  neither  the  penitent  nor  him- 
self, nor  administer  his  office  to  the  detriment  of  religion  and  the 
scandal  of  others. 

According  to  the  teaching  of  St.  Alphonsus,305  the  confessor 
must  conduct  himself  prudently  towards  the  penitent,  espe- 
cially in  the  following  points :  — 

(1)  In  the  questions  which  he  puts  to  the  penitent,  so  as  only 
to  ask  what  is  suited  to  the  station,  age,  and  condition  of  the 
penitent,  and  so  as  not  to  teach  him  sins  which  he  did  not  know ; 
as  already  remarked,  very  special  care  is  necessary  in  questions 
concerning  the  sixth  commandment;  (2)  in  the  instructions 
which  he  gives  the  penitent;  instructing  him  or  preserving  a 
discreet  silence  and  leaving  him  in  his  good  faith,  as  the  welfare 
of  the  penitent  may  demand  (Praxis,  n.  8,  9) ;  (3)  in  prescribing 
the  means  of  amendment,  so  that  these  latter  may  be  adapted  to 
the  state  of  the  penitent's  soul  and  to  his  circumstances  (Praxis, 
n.  15) ;  (4)  in  imposing  sacramental  penance,  so  that,  as  above 
stated,  it  may  correspond  with  the  penitent's  sins  and  his  station 
(Praxis,  n.  11,  12) ;  (5)  in  giving,  deferring,  or  refusing  absolution 
(Praxis,  n.  10,  63-77) ;  (6)  in  the  choice  of  opinions,  in  case  of 
the  existence  of  probable  opinions  for  and  against  a  point, 
whether  he  must  choose  the  severer  or  the  milder  decision  for 
the  penitent  in  question306  (Praxis,  n.  114);  (7)  in  preserving 
the  seal  of  the  confessional,  so  as  to  avoid  every  danger  of  break- 
ing it  either  directly  or  indirectly  (Praxis,  n.  117);   (8)  in  the 

804  Cf.  Aertnys,  Tnstit.  pract.  P.  1,  cp.  IT.  n.  !). 

805  Praxis  Confessar.     Cf.  Marc  Instit,  Moral.  1.  c.  n.  1788. 
306  S.  Alph.  Lib.  VI.  n.  605;  Marc,  Inst.  Mor.  1.  c.  n.  1789. 


436  THE    MINISTER    OF    THE    SACRAMENT 

treatment  of  very  difficult  and  complicated  questions,  carefully 
weighing  all  the  circumstances,  and,  when  necessary,  asking  the 
penitent  for  time,  in  order  to  seek  advice  from  books  or  learned 
men  (Praxis,  n.  194). 

The  confessor  must  be  prudent  with  regard  to  himself,  that : 
(1)  He  may  not  prepare  for  himself  temptation  against  holy 
purity  in  questioning  and  investigating  the  circumstances  of 
sins,  that  he  may  not  injure  his  good  name,  may  not  bring  the 
office  of  the  confessor  into  disrepute,  may  not  render  the  insti- 
tution of  the  confessional  odious;  (2)  in  vitando  aspectu  Jcemi- 
narum,  juniorum  prcccipue  et,  nisi  crates  interjecta  sit,  manus 
certe  cum  sudario  intercedat  (Praxis,  n.  119);  and  (3),  by  being 
especially  careful  with  regard  to  women,  being  particular  to  avoid 
all  superfluous  talk,  all  familiarity,  accepting  no  presents  from 
them,  not  visiting  them  without  necessity  at  their  homes,  treating 
younger  ones  with  severity  rather  than  leniency.  These  measures 
of  precaution  the  confessor  must  adopt  in  the  case  of  pious 
persons  especially,  quibuscum  est  periculum  majoris  adhmsionis 
(Praxis,  n.  1 19-120). 307  But  how  shall  he  obtain  this  prudence 
from  which  so  many  of  the  good  effects  of  the  Sacrament  depend  ? 
By  study,  by  circumspection,  by  experience,  by  docility,  and 
purity  of  intention,  the  confessor  can  acquire  for  himself  the 
necessary  prudence,  assisted,  of  course,  by  divine  grace.  1.  By 
study,  for  prudence  derives  its  decisions  and  its  opportune  reme- 
dies from  science.  2.  By  circumspection,  by  considering  the 
different  circumstances  of  the  person  and  the  case.  This  cir- 
cumspection will  enable  the  confessor  to  reveal  the  deceptive 
motives  of  passion  and  vice,  to  suggest  means  for  the  removal 
of  obstacles  in  the  way  of  amendment,  to^foresee  and  provide 
against  the  detriment  which  may  ensue.  The  gift  of  right  judg- 
ment is  conferred  upon  us  by  God;  maturity  of  judgment  is 
acquired  with  age ;  but  those  who  have  not  been  richly  endowed 

307  Marc,  Inst.  mor.  1.  c.  n.  1791. 


THE    PRUDENCE    OF    THE    CONFESSOR  437 

by  nature  can  sharpen  their  judgment  by  the  study  of  moral 
and  pastoral  theology  and  by  taking  counsel  of  wiser  men. 
3.  By  experience,  which  teaches  the  confessor  what  commonly 
occurs  in  practice,  shows  him  how  he  must  question,  when  he 
must  instruct  the  penitent  or  leave  him  in  bona  fide,  how  he  finds 
his  way  to  the  heart  of  the  penitent,  when  he  must  show  special 
indulgence,  how  to  judge  rightly  of  the  penitent's  disposition 
and  to  find  the  proper  remedies.  Practical  experience  is  thus 
an  excellent  school.  4.  By  docility,  which  is  especially  neces- 
sary for  young  confessors;  it  teaches  them  to  mistrust  them- 
selves and  to  apply  often  to  learned  and  experienced  confessors 
for  advice,  thus  profiting  by  the  experience  of  others.  Hence 
Benedict  XIV  advises  confessors  to  beware  of  answering  divi- 
nando  when  a  more  difficult  or  a  new  case  is  brought  before  them. 
On  the  contrary,  they  should  not  decide  the  matter  till  after 
mature  consideration;  moreover,  they  should  consult  the  theo- 
logians whose  teaching  is  solid  and  sound.308  5.  Purity  of  in- 
tention, that  is  the  sole  desire  to  please  God,  and  to  lead  men  to 
salvation.  "It  is  certain  that  the  Christian  prudence  of  a  con- 
fessor will  be  the  greater,  the  greater  is  his  love,  and  that,  in 
general,  the  mind  is  stimulated  by  the  intention  or  the  desire 
to  attain  the  end.  The  more  a  man  is  inflamed  with  the  desire 
of  a  certain  good,  the  more  zealous  is  he  in  his  search  for  the 
means  of  obtaining  it,  the  more  careful  will  he  be  in  choosing 
the  more  suitable  means,  the  more  cautious  will  he  be  to  omit 
anything  that  may  be  useful  for  his  purpose,  the  more  deter- 
mined will  he  be  in  overcoming  all  difficulties,  so  as  to  gain  that 
on  which  he  has  set  his  mind.  A  confessor  who,  with  pure  in- 
tention, seeks  only  God  and  the  salvation  of  souls,  will  labor 
with  fruit."309 

808  Constit.  "  Apostolica,"  26  June,  1749,  n.  21. 

809  Aertnys,  Instruct  pract.  1.  c.  n.  10. 


438  THE    MINISTER    OF    THE    SACRAMENT 

Article  II 

DUTIES     OF    THE     CONFESSOR     DURING     CONFESSION 

56.   The  Duty  of  instructing  and  exhorting  the  Penitent  — 

Munus  Doctoris. 

The  confessor  will  find  many  penitents  either  ignorant  or 
under  the  influence  of  error.  This  ignorance  ma}'  refer  to  some 
point  connected  with  the  reception  of  the  Sacrament  of  Pen- 
ance, the  general  duties  of  a  Christian  life,  or  some  particu- 
lar duty.  The  duty  of  the  confessor  to  instruct  the  ignorant 
penitent  varies  with  the  subject  on  which  the  ignorance  exists. 
Hence:  I.  The  confessor  is  always  obliged  at  once  to  instruct 
the  penitent  who  is  ignorant  of  something  which  he  must  hie  et 
nunc  know  in  order  to  receive  validly  the  Sacrament  of  Penance, 
or  to  receive  licite  the  Holy  Eucharist.  1.  The  confessor  must 
therefore  instruct  penitents  who  are  ignorant  of  the  truths  which 
they,  necessitate  medii  sive  certo  sive  probabiliter,  ought  to  know 
and  believe,  and  this  instruction  must  be  given  before  the 
administration  of  absolution.310 

Moreover,  the  confessor  must,  before  giving  absolution,  in- 
struct the  penitent  if  he  does  not  know  how  to  make  an  act 
of  contrition  and  purpose  of  amendment.  These  instructions 
must  also,  of  course,  be  imparted  when  the  penitent  is  not  re- 
sponsible for  his  ignorance;  therefore,  in  every  case,  because 
the  penitent  is  incapable  of  receiving  the  Sacrament  in  such  a 

310  Necessitate  medii  the  Christian  must  believe  those  truths  without  the 
knowledge  and  express  belief  of  which,  justification  and,  in  consequence, 
the  attainment  of  everlasting  salvation,  is  never  possible  for  any  one  having 
the  use  of  reason.  Certainly  necessary  is  the  explicit  belief:  (1)  in  one 
God ;  (2)  the  Rewarder  of  good  and  the  Avenger  of  evil.  Although  it  is 
quite  probable  that  fides  explicita  is  necessary  in  these  truths  only,  it  is. 
nevertheless,  not  certain  that  Jides  explicita  is  not  also  necessary  (3)  in  the 
mystery  of  the  Blessed  Trinity  and  (4)  in  the  mystery  of  the  Incarnation 
and  the  Redemption. 


THE  CONFESSOR   AS   TEACHER  439 

state  of  ignorance.311  The  confessor  might  send  away  a  penitent 
ignorant  of  these  truths,  imposing  upon  him  the  duty  of  first 
obtaining  instruction  from  some  competent  person  or  the  parish 
priest;  but  if  there  is  no  good  reason  to  hope  that  he  would 
fulfill  this  duty,  the  instruction  must  be  given  concisely  in  the 
confessional,  and  this  should  nowadays  be  done  in  most  cases 
of  the  kind.  2.  If  the  penitent  is  ignorant  concerning  the  Holy 
Sacrament  of  the  Altar,  the  confessor  must  certainly  instruct 
him  upon  this  point  before  allowing  him  to  receive  holy  com- 
munion. 

It  is,  however,  not  necessary  to  the  valid  reception  of  abso- 
lution that  the  penitent  should  retain  all  these  truths  in  his 
memory;  it  is  sufficient  that  he  substantially  understands  them 
and  makes  an  act  of  faith  which  the  confessor  recites  to  him. 
The  confessor  must  impose  upon  such  penitents  the  duty  of 
subsequently  obtaining  fuller  instruction.312  It  is  also  the  duty 
of  the  confessor  to  ascertain  whether  they  know  these  truths. 
Whenever  he  thinks  it  probable  that  a  penitent  does  not  know 
them,  he  must  ask.  He  need  not,  as  a  rule,  ask  those  who  were 
brought  up  as  children  in  a  pious  and  Christian  fashion.  But 
others,  who  received  Christian  instruction  in  their  youth,  and 
have  subsequently  neglected  sermons  and  instructions,  must 
certainly  be  questioned,  and  this  especially  applies  to  our  times, 
when  so  many  Christians,  particularly  men  (but  also  not  a  few 
women),  absent  themselves  for  a  long  time  from  sermons  and 
neglect  every  other  kind  of  Christian  instruction;  such  people, 
even  when  well  educated  and  instructed  in  worldly  matters,  are 
ignorant,  admodum  rudes,  in  religion,  having  forgotten  nearly 
all  they  had  formerly  learnt.  In  the  cares,  labors,  and  pleas- 
ures of  life,  and  frequently  under  the  influence  of  pernicious 
and  irreligious  literature,  they  have  perhaps  become  strongly 

311  Cf.  S.  Alph.  Lil).  VI.  nn.  G08-610;  Prop,  damnat.  04  ab   Innoc.  XI. 

312  Cf.  S.  Alph.  Praxis  Conf.  n.  22  ;  Aertnys,  Theol.  Mor.  Lib.  II.  Tr.  1, 
n.  4;  Lehmkuhl,  1.  c.  n.  442. 


440  THE    MINISTER    OF    THE    SACRAMENT 

infected  with  irreligion  or  heresy.  If  the  penitents  are  such 
that  one  could  not  ask  if  they  are  ignorant  of  these  truths  with- 
out causing  them  confusion,  the  confessor  might  of  his  own 
accord  explain  what  is  most  essential,  and,  in  some  way,  move 
the  penitents  to  an  act  of  faith.313 

II.  If  the  penitent  is  ignorant  of  the  truths  of  Christian  doc- 
trine and  the  precepts  of  Christian  life,  especially  of  those  truths 
which  the  Christian  must  know  and  believe  necessitate  prcecepti, 
the  confessor  must  first  of  all  inquire  if  the  penitent  is  respon- 
sible for  this  ignorance  or  not.  If  he  is,  he  can  be  absolved, 
but  he  must  be  sorry  for,  and  confess,  his  neglect,  and  make  a 
firm  resolution  to  learn  these  truths;  and  if  he  does  not  keep 
his  promise,  absolution  must,  as  a  rule,  be  refused  to  him  till 
he  has  performed  his  duty.  If  he  is  ignorant  by  no  fault  of  his 
own,  he  can  be  absolved,  but  he  must  promise  to  obtain  instruc- 
tion .S14  If  the  confessor  is,  at  the  same  time,  the  pastor  of  such 
penitents,  he  is  bound,  ex  officio,  or  in  justice,  to  provide  them 
with  opportunities  for  acquiring  better  instruction;  if  he  is  not 
their  parish  priest,  he  is  not  strictly  bound  in  duty  to  do  so, 
though  he  may  be  bound  ex  charitate,  but  he  is  always  bound  to 
inform  the  penitent  as  to  his  duty  of  becoming  better  instructed, 
and  as  to  the  sin  of  negligence  of  which  he  is  guilty  if  the  igno- 
rance is  culpable,  and  which  he  must  confess. 

III.  If  the  penitent  is  ignorant  of  particular  duties,  the  con- 
fessor must  primarily  consider  the  spiritual  welfare  of  the  peni- 
tent in  deciding  whether  he  shall  instruct  him  or  not;  but  this 
spiritual  welfare  must  be  taken  in  its  full  sense  as  comprising, 
therefore,  the  individual  welfare  of  the  penitent  himself,  and  also 
the  general  welfare  for  which  he  has  to  provide.  This  instruc- 
tion must,  however,  be  given  with  prudence,  for  fear  of  causing 
more  harm  than  good  to  the  penitent.     The  following  obliga- 

313  Cf.  S.  Alph.  Theol.  Mor.  Lib.  II.  n.  3,  Praxis  Conf.  n.  22;  Salm. 
Tract.  21,  cp.  2,  nn.  62,  63;  Aertnys,  1.  c.  n.  4. 

314  Cf.  S.  Alph.  Prax.  Conf.  n.  22. 


THE  CONFESSOR   AS   TEACHER  441 

tions  of  the  penitent  are  here  chiefly  in  question:  the  duties  of 
his  station  in  life,  the  duty  of  making  restitution  (honor,  good 
name,  property),  of  avoiding  dangerous  occasions,  of  recon- 
ciliation, of  removing  scandal,  and  of  practicing  almsgiving.315 
When  he  considers  it  necessary  and  appropriate,  the  confessor 
must,  with  special  prudence,  instruct  persons  engaged  to  be 
married  concerning  their  conduct  in  that  state.  It  may  also 
be  opportune  to  inform  a  penitent  that  he  is  not  bound  to  fast 
or  to  abstain,  so  that  he  may  not,  from  ignorance,  believe  that 
he  commits  sin  where  there  is  no  sin  at  all.  This  duty  of  in- 
structing the  penitent  must  now  be  somewhat  more  clearly 
considered  and  particularized. 

The  confessor  must  instruct  or  exhort :  — 

1.  When  the  ignorance  of  the  penitent  is  not  invincible,  or 
when  he  is  responsible  for  it  (vincibilis  seu  culpabilis) ;  when 
the  penitent  is  in  such  a  state  of  doubt  concerning  some  duty 
that  there  can  no  longer  be  a  question  of  bona  fides.  When  a 
person  is  in  such  ignorance,  he  is  already  in  a  state  of  sin,  or  in 
immediate  clanger  of  formal  sin,  because  he  acts  under  reason- 
able doubt  or  culpable  ignorance.  The  exhortation,  therefore, 
so  far  from  doing  harm,  can  only  result  in  good,  as  it  will  after- 
wards produce  the  desired  fruit.  When,  therefore,  the  penitent, 
not  out  of  mere  scrupulosity,  but  in  consequence  of  a  serious 
doubt,  questions  the  confessor  about  some  duty,  the  latter 
must  instruct  him.  In  this  case  where  the  penitent  has  a  sub- 
stantial doubt  and  he  is  bound  to  remove  it,  the  confessor's 
duty  is  to  tell  him  the  truth;  moreover,  it  is  plain  that  the 
penitent  is  disposed  to  act  in  accordance  with  the  confessor's 
answer.  If,  however,  the  confessor  thinks,  in  an  exceptional 
case,  that  the  penitent  should  not  know  the  whole  truth,  he  need 
say  nothing  more  in  reply  to  the  penitent  than  what  is  neces- 
sary.316    If,  for  instance,  a  person  bound  by  a  vow  of  chastity 

sis  Cf.  S.  Alph.  Lib.  VI.  nn.  608,  609. 
»«  S.  Alph.  Lib.  VI.  n.  616. 


442  THE    MINISTER    OF    THE    SACRAMENT 

asks  if  the  marriage  which  he  has  contracted  without  a  dispen- 
sation is  invalid  on  account  of  the  vow,  let  him  answer  in  the 
negative,  but  be  silent  about  the  debitum  conjugate;  if  he  asks 
whether  he  may  render  the  debitum,  let  the  confessor  answer 
in  the  affirmative,  and  be  silent  about  demanding  the  debitum. 

2.  When  the  penitent  is  ignorant  of  things  which  cannot  long 
escape  his  knowledge,  and  when  his  ignorance,  still  invincibilis 
et  inculpabilis,  will  soon  cease  to  be  so  and  become  culpabilis, 
especially  where  a  vice  is  growing  with  the  lapse  of  time  and  its 
extirpation  becomes  more  difficult  —  in  such  case  the  confessor 
must,  as  a  rute,  instruct  and  exhort  the  penitent  at  once;  for 
instance,  when  young  people  who  have  not  yet  attained  to  pu- 
berty, begin  to  contract  a  habitus  pollutionis,  they  must  be  seri- 
ously warned  to  desist  from  their  dangerous  and  sinful  practice, 
even  when  they  are  perhaps  in  bona  fide.  But  in  this  the  con- 
fessor must  weigh  well  the  circumstances,  considering  whether, 
perhaps,  for  the  time  being,  a  very  heavy  burden  is  not  being 
imposed  upon  the  penitent,  which  he  will  scarcely  be  able  to 
bear,  but  which  will  very  soon  cease.  In  this  case  silence  would 
be  preferable. 

3.  If  the  ignorance  is  invincibilis,  but  a  good  result  may  be 
hoped  from  the  exhortation,  in  this  case  the  confessor  must 
exhort  even  when  in  consequence  a  difficulty  arises  for  the  peni- 
tent, or  when  it  is  foreseen  that  the  exhortation  will  certainly 
not  do  harm.  For  a  material  violation  of  a  law  must  also  be 
avoided,  when  this  can  be  done  without  danger  of  a  greater 
evil.  The  confessor  must  not  fail,  therefore,  to  admonish,  al- 
though he  foresees  that  the  penitent  will  not  immediately  obey, 
if  he  has  hopes  that  he  will  soon  do  so.  For  it  may  happen  that 
a  penitent,  when  he  has  learnt  the  truth,  does  not  at  first  obey, 
but  when  he  has  become  calmer,  after  serious  reflection,  amends 
his  life.317    If  the  confessor  sees  that  the  penitent  does  not  re- 

»17  Cf.  S.  Alph.  H.  Ap.  Tr.  16,  n.  115. 


THE  CONFESSOR  AS    TEACHER  143 

ceive  the  exhortation  well  at  the  time,  but  that  he  will  receive 
it  better  at  some  more  seasonable  moment,  he  must  defer  it  to 
a  later  occasion.  If  there  is  no  likelihood  of  good  resulting 
from  the  exhortation,  the  confessor,  according  to  the  general 
and  approved  teaching  of  theologians,  is  bound,  per  se  loquendo 
(that  is,  unless  there  is  some  other  motive,  such  as  regard  for 
the  bonum  publicum),  to  omit  the  exhortation,  and  to  leave  the 
penitent  in  his  bona  fide. 

When,  therefore,  the  confessor  learns  in  the  course  of  the  con- 
fession that  the  penitent  has  contracted  an  invalid  marriage 
through  some  secret  impediment,  and  danger  of  disgrace,  scandal, 
or  incontinence  is  to  be  feared  from  disclosing  to  him  the  nullity 
of  the  marriage,  he  must  be  silent  on  the  subject  of  the  invalid- 
ity, and  leave  the  penitent  in  bona  fide  until  he  has  obtained  a 
dispensation.  And  in  the  case  where  he  could  not  disclose  the 
nullity  of  the  marriage  at  all  without  being  obliged  to  face  these 
difficulties,  he  should  ask  for  a  sanatio  in  radice,  and  conceal 
everything  from  the  penitent.  In  such  a  case  the  confessor 
can  even  bind  in  duty  the  putative  husband  (or  wife)  who  re- 
fuses the  debitum  conjugate,  to  render  it;  for  if  the  husband  (or 
wife)  is  convinced  that  he  (or  she)  is  living  in  lawful  matrimony, 
he  (or  she)  is  bound  in  conscience  to  render  the  debitum.  But 
the  confessor  will  act  more  safely  by  telling  the  penitent  quite 
in  a  general  way  that  married  people  are  bound  to  render  the 
debitum,  and  that  they  cannot  be  absolved  if  they  do  not  per- 
form their  duty.318 

The  confessor  must  not  admonish  the  penitent  to  make  res- 
titution when  he  foresees  that  the  penitent  (who  believes,  bona 
fide,  that  he  is  not  bound  to  make  restitution)  will  not  obey; 
for  such  admonition  would  injure  the  penitent,  and  not  benefit 
the  person  to  whom  he  is  bound  to  make  the  restitution;  in- 
deed, the  confessor  must  be  more  concerned  to  avert  spiritual 


818 


Cf.  S.  Alph.  Lib.  VI.  n.  611 ;  H.  Ap.  n.  113. 


444  THE    MINISTER    OF    THE    SACRAMENT 

injury  from  the  penitent  than  temporal  injury  from  another. 
Nevertheless,  the  confessor  must  not  lightly  presume  that  his 
admonition  will  not  be  obeyed.319 

Instruction  or  admonition  must  also  be  omitted  if  there  is 
reasonable  fear  that  scandal,  disgrace,  quarrels,  and  other  seri- 
ous inconvenience  will  arise;  for  it  is  better  to  provide  against 
formal  sins  in  others  than  material  sins  in  the  penitent.  For 
instance,  if  a  marriage  is  invalid,  and  the  parties  are  not  aware 
of  the  fact,  the  confessor  could  inform  the  wife  of  it  without 
danger,  whereas  serious  difficulties  might  be  caused  by  disclos- 
ing it  to  the  husband. 

If  a  marriage  is  to  be  contracted,  and,  through  the  confession 
of  the  penitent,  the  confessor  discovers  an  impedimentum  diri- 
mens,  but  of  which  the  penitent  is  invincibiliter  ignorant,  the 
confessor  is,  as  a  rule,  bound  to  instruct  the  penitent  concern- 
ing it,  and  to  admonish  him  either  to  refrain  from  contracting 
the  marriage,  or  to  obtain  a  dispensation  before  contracting  it. 
Great  inconveniences  frequently  arise  from  an  invalid  mar- 
riage, for  the  invalidity  is  often  disclosed  later  on,  and  in  such 
a  case  the  penitent  is  exposed  to  no  small  danger  of  committing 
actual  sin.  If,  however,  no  good  result  can  be  expected  from 
revealing  the  defect,  the  confessor  would  be  obliged  to  abstain 
from  admonishing  till  he  himself  has  obtained  a  dispensation, 
for  it  is  better  to  permit  a  material  sin  than  to  furnish  occasion 
for  formal  sin.320  If,  on  the  day  before  the  marriage,  or  on  the 
day  itself,  when  everything  is  prepared,  and  the  wedding  could 
not  be  stopped  without  scandal  and  disgrace,  the  bride  or  bride- 
groom reveals  to  the  confessor  a  secret  impediment,  a  dispensa- 
tion must  be  obtained  from  the  bishop,  if  there  is  time  to  do  so, 
and  the  bishop  can,  according  to  the  co?nmunissima  et  probabilis- 
sima  sententia,  dispense  in  such  a  case,  as  from  other  laws,  when 
recourse  to  the  Pope  is  impossible,  and  there  is  danger  in  delay. 

319  Cf.  S.  Alph.  Lib.  VI.  n.  614. 

320  S.  Alph.  Lib.  VI.  n.  612;  II.  Ap.  n.  113. 


THE    COy  FES  SOU    AS    TEACHER  445 

Indeed,  according  to  the  probable  opinion  of  many  theologians, 
the  bishop  can  also  delegate  this  power  universally  as  a  potestas 
ordinaria,  to  others,  for  all  cases  that  occur.  '  But  if  the  confessor 
cannot  apply  to  the  bishop,  the  parish  priest  or  the  confessor 
may,  as  some  teach  (and  St.  Alphonsus  adds:  "not  without 
ground"),  declare  ex  Epikeia,  that  the  law  of  the  impediment 
in  question  does  not  bind  in  the  particular  case,  because  it  is 
detrimental;  but,  in  order  to  be  safe,  and  to  preserve  the  rev- 
erence due  to  the  commandment  of  the  Church,  application  to 
the  Sacred  Penitentiary,  or  to  the  Ordinary,  must  be  made  as 
soon  as  possible  to  obtain  a  dispensation.321 

In  cases  of  doubt  as  to  whether  the  admonition  will  do  good 
or  harm,  it  should  be  omitted,  because  it  is  better  to  guard  against 
formal  sins  than  material.  But  if  it  is  more  probable  that  the 
admonition  will  benefit,  it  must  be  given,  and  Viva  and  Ron- 
caglia  rightly  remark  that  we  must  not  easily  conclude  that  the 
penitent  would  not  obey  after  having  learnt  the  truth.322 

The  objection  might  be  raised  that  the  penitent  who  should 
refuse  to  obey  the  exhortation  of  his  confessor  would  not  be  in 
good  disposition,  and,  therefore,  could  not  receive  absolution. 
St.  Alphonsus  disposes  of  this  objection  by  pointing  out  that  the 
confessor  must  consider  the  disposition  in  which  the  penitent 
actually  is  while  he  is  still  ignorant  of  his  obligation,  and  not 
the  state  of  mind  in  which  it  is  presumed  that  he  would  be  after 
he  had  been  admonished  about  it.  As  it  is  not  allowable  to 
expose  one's  neighbor  to  a  danger  to  which  it  is  anticipated 
that  he  will  succumb,  so  the  confessor  must  not  expose  a  peni- 
tent to  the  danger  of  refusing  to  fulfill  a  duty  by  instructing 
him  about  it ;  he  must  rather  leave  the  penitent  in  material  sin, 
because  a  peccatum  jormale  outweighs  all  peccata  materialia.323 

821  Cf.  Benedict  XIV,  De  Syn.  Lib.  9,  cp.  2,  nn.  2,  3 ;  S.  Alph.  Lib.  VI. 
n.  613;  H.  Ap.  n.  114,  Prax.  Conf.  n.  8;  Aertnys,  Theol.  Mor.  Lib.  VI. 
n.  273;  Marc,  1.  c.  n.  1810. 

322  S.  Alph.  Lib.  VI.  n.  616  (fin.).     Cf.  n.  614. 

323  S.  Alph.  Lib.  VI.  n.  610. 


446  THE    MINISTER    OF    THE    SACRAMENT 

4.  The  confessor  must  speak  when  the  ignorance  of  the  peni- 
tent concerns  the  'prima  principia  moralia  or  the  proximas  con- 
clusiones  deduced  from  them;  for  such  ignorance  is  either  not 
actually  existent,  or  will  not  be  for  long  invincibilis,  and  is  gen- 
erally hurtful  to  the  penitent.  Especially  urgent  is  the  duty  of 
admonishing  the  penitent  when  omitting  to  do  so  would  con- 
firm him  in  a  sinful  habit  which  he  would  probably  find  great 
difficulty  in  overcoming  later. 

5.  Moreover,  admonition  must  be  given  when  the  ignorance 
touches  the  duty  of  giving  up  a  gravely  sinful  immediate  occa- 
sion, as  such  ignorance  tends  to  the  ruin  of  the  penitent,  by 
rendering  easier  the  fall  into  formal  sin. 

6.  The  penitent  must  be  admonished  even  when  he  is  not 
disposed,  if  the  confessor's  silence  were  to  bring  harm  to  the 
community,  by  scandal,  for  instance,  to  the  faithful.  For  if 
the  confessor  is  bound  to  be  chiefly  concerned  about  the  salva- 
tion of  the  penitent,  he  is  also  bound,  as  a  member  of  Christian 
society  and  its  servant,  to  prefer  the  bonum  commune  to  the 
bonum  privatum  of  the  penitent.324  The  fact  that  the  admoni- 
tion is  hie  et  nunc  fruitless  or  that  the  penitent  takes  offense  at 
it  is  not  a  valid  objection,  for  such  a  penitent  will  amend  the 
more  easily  when  he  sees  that  no  other  priest  will  absolve  him, 
and  in  the  meantime  the  scandal  will  cease,  for  the  faithful  will 
see  that  the  penitent  in  question  is  not  admitted  to  the  Sacra- 
ments. Hence  princes,  officials,  bishops,  prelates,  parish  priests, 
employers,  who  neglect  their  duties  towards  their  subordinates, 
must  be  instructed  and  exhorted.  For  we  may  not  lightly 
presume  that  their  ignorance  is  invincibilis,  since  everybody 
ought  to  know  the  duties  of  his  office,  and  ignorance  of  them, 
even  when  invincibilis,  always  tends  to  the  injury  of  the  com- 
munity, as  others  may  easily  think  they  are  justified  in  imitat- 
ing what  they  see  their  superiors  doing.     Therefore,  as  Benedict 

324  S.  Alph.  Lib.  VI.  ii.  615.     Cf.  Praxis  Conf.  n.  9. 


THE    CONFESSOR    AS    TEACHER  447 

XI Y  teaches,325  those  are  to  be  instructed  concerning  their  duties 
who  frequently  receive  the  holy  Sacraments,  in  order  that  others 
may  not  be  led  to  believe  that  wrongdoing  is  allowable,  because 
they  see  it  done  by  these  and  done  with  impunity.  And  Lugo 
adds  that  when  the  confessor  has  reasonable  doubts  as  to  whether 
such  penitents  perform  their  duties,  he  is  bound  to  ask  them  if 
they  are  faithful  to  them.326 

7.  The  confessor  must  admonish  when,  on  account  of  special 
circumstances,  his  silence  would  be  equivalent  to  a  positively 
false  answer. 

8.  A  penitent  must  always  be  admonished  when,  in  conse- 
quence of  a  false  conscience,  he  believes  something  to  be  a  sin 
which  is  none,  or  believes  it  to  be  a  greater  sin  than  is  really 
the  case.  Moreover,  instruction  ought  not  to  be  withheld  even 
though  it  afford  an  occasion  to  the  penitent  of  sinning  more 
frequently,  as  might  happen  when  he  learns  that  a  sin  which 
he  believed  conscientia  erronea  to  be  mortal  is  only  venial.  Nev- 
ertheless, the  confessor  must  consider  whether  something  which 
per  se  is  a  venial  sin,  may  not,  in  view  of  the  circumstances  of 
scandal,  danger,  etc.,  become  a  grave  sin. 

In  conclusion  we  will  add  a  remark  of  St.  Alphonsus,  namely, 
that  confessors  act  imprudently  by  instructing  uneducated  peni- 
tents concerning  the  special  and  greater  sinfulness  imparted  by 
circumstances  to  wicked  acts;  for  instance,  that  adultery  is  a 
greater  sin  than  impurity  among  unmarried  persons,  that  incest 
is  committed  when  relatives  are  guilty  of  impurity  with  each 
other.  But  this  instruction  must  be  given  when  there  is  rea- 
son for  believing  that  the  knowledge  of  the  greater  sinfulness 
will  effectually  prevent  the  sin.327 

Sometimes  the  confessor  is  asked  by  his  penitents  for  instruc- 
tion and  advice  in  matters  affecting  the  welfare  of  the  soul. 

325  Constit.  "  Apqstolica,"  26  June,  1749,  n.  20. 
826  S.  Alph.  Lib.  VI.  n.  615,  Praxis  Conf.  n.  9. 
327  Cf.  S.  Alph.  Prax.  Conf.  n.  39. 


448  THE    MINISTER    OF    THE    SACRAMENT 

Although  the  confessor  must  be  careful  not  to  advise  and  help 
in  all  possible  worldly  matters,  he  must  not  refuse  to  be  the  ad- 
viser and  helper  of  his  penitent  in  matters  pertaining  to  the  sal- 
vation of  souls.  This  is  a  part  of  his  duty.  And  to  whom  should 
a  penitent  turn  in  such  circumstances  if  not  to  the  confessor 
who  knows  the  state  of  his  soul  and  his  entire  life?  But  if 
the  confessor  has  to  give  advice  and  instruction,  let  him  judge 
the  matter  in  the  light  of  faith,  and  in  accordance  with  the  prin- 
ciples of  Christian  morality,  not  according  to  a  certain  empiri- 
cal wisdom  and  worldly  prudence,  and  not  according  to  his 
subjective  opinion.  In  important  matters  let  him,  therefore, 
deliberate  thoroughly,  ask  help  of  God  through  the  Mother  of 
Good  Counsel,  and,  when  necessary,  seek  advice  at  the  hands 
of  experienced  and  prudent  men.  Then  let  him  pronounce  his 
decision  clearly  and  definitely. 

57.   The  Duty  of  suggesting  Remedies  against  Relapse  (the 
Confessor  as  Physician). 

Sins  are  justly  described  as  wounds  of  the  soul,  the  cure  of 
which  is  to  be  sought  in  the  Sacrament  of  Penance.  It  is  cer- 
tainly the  first  and  highest  function  of  the  minister  of  the  Sac- 
rament to  reconcile  the  sinner  to  God  by  canceling  his  sins; 
but  there  remains  another  task  of  great  significance,  viz.  to 
keep  the  penitent  —  the  sinner  now  reconciled  to  God  —  faith- 
ful to  his  duty  and  to  his  promises,  and  to  preserve  him  from 
new  sins.  For  the  confessor  is  also  the  spiritual  physician  of 
the  penitent.  And  as  it  is  the  duty  of  the  bodily  physician  to 
study  the  malady  and  its  causes,  and  then  to  prescribe  reme- 
dies, so  the  physician  of  the  soul  must  first  know  the  sins  of  the 
penitent,  their  causes  and  gravity,  and  then  provide  the  reme- 
dies, by  the  conscientious  application  of  which  relapse  into  sin 
may  be  prevented.  In  order  to  discharge  his  duty  as  physician 
of  the  soul,  the  confessor  must,  therefore,  first  ascertain  if  the 


DUTY  OF  SUGGESTING   REMEDIES  AGAINST  RELAPSE     449 

penitent  lias  a  habit  of  sinning,  if  he  lives  in  immediate  occasion 
of  sin;  he  must  question  him  as  to  the  time  and  the  place  of 
the  sin,  the  persons  with  whom  he  has  sinned,  and  under  what 
circumstances  he  has  usually  been  led  into  sin.  "Herein  many 
confessors  fail,"  says  St.  Alphonsus,  "and  the  ruin  of  many  souls 
results  from  it;  for  by  omitting  such  questions,  the  confessor 
is  unable  to  find  out  if  the  penitent  is  a  relapsing  sinner,  and, 
therefore,  cannot  prescribe  suitable  means  for  eradicating  the 
sinful  habit  and  avoiding  the  occasion."  328 

Those  confessors  are  gravely  wanting  in  their  duty  who  con- 
tent themselves  with  remitting  the  sins  confessed,  but  do  not 
trouble  about  the  preservation  of  the  converted  sinner,  the  new 
life  and  the  cure  of  the  penitent's  sickness;  hence  it  happens 
that  persons  who  are  enslaved  by  a  sinful  habit  very  soon  fall 
from  the  new  life  of  grace,  and,  in  the  words  of  Our  Saviour, 
the  state  of  the  relapsing  sinner  is  worse  than  his  former  state, 
and  the  confessor  thus  shares  in  his  guilt.329 

The  confessor's  work  as  a  judge  of  the  sins  and  disposition 
of  the  penitent  places  him  in  a  position  of  peculiar  advantage 
for  discharging  his  duty  as  physician.  But  in  order  to  effect 
a  thorough  cure  of  these  wounds  of  the  soul,  he  must,  as  we  have 
seen  above,  be  acquainted  with  the  whole  moral  state  of  the 
penitent;  hence  he  must  not  confine  himself  to  know  if  the  sin 
was  mortal  or  venial,  a  sin  of  some  special  occasion,  an  habit- 
ual sin,  or  one  of  relapse;  he  must  also  ascertain  if  his  penitent, 
in  matters  of  religion,  is  instructed  or  ignorant,  if  he  is  on  the 
way  of  improvement,  if  his  good  will  has  become  strengthened 
by  the  grace  of  God  and  by  resistance  to  evil,  or  is  still  weak 
and  vacillating. 

The  confessor  must  make  it  his  special  business  to  learn  the 
penitent's  predominant  passion,  and  the  prevailing  vices  con- 
nected with  it.     The  predominant  passion  is  an  habitual  ten- 

328  Praxis  Conf.  nn.  6,  180. 

329  Cf.  Trid.  Se.ss.  XIV.  cp.  8. 


450  THE    MINISTER    OF    THE    SACRAMENT 

dency,  more  or  less  violent,  to  some  sin,  which  exercises  a 
certain  mastery  over  the  soul,  and  has  other  evil  inclinations 
in  its  service.  Such  predominant  passions  are :  the  lust  of  the 
eyes,  the  lust  of  the  flesh,  and  pride ;  also  the  seven  capital  sins. 
They  have  their  root  partly  in  original  sin,  partly  in  perverse 
education,  partly  in  repeated  sinning,  partly  in  exterior  influ- 
ences. Now  it  will  not  avail  much  to  combat  the  individual 
sins;  their  root  —  the  sinful  passion  —  must  be  torn  out.  It 
is  like  a  poisonous  growth  which  is  always  striking  deeper  roots 
into  the  human  soul,  and  ever  putting  forth  fresh  shoots  in  the 
individual  sins.  This  baneful  root  must  be  removed,  and  with 
it  its  noxious  growth  of  sin  will  also  be  removed. 

To  this  end  the  predominant  passion  must  first  be  diagnosed, 
and  this  is  generally  a  very  difficult  matter.  There  are  pas- 
sions, such  as  avarice,  covetousness,  pride,  intemperance,  sloth, 
which  are  seldom  recognized  as  sins  by  the  penitent,  and  even 
take  the  appearance  of  virtue.  In  acquiring  this  knowledge, 
which  is  as  necessary  as  it  is  difficult,  the  confessor  must  help 
his  penitent  by  suggesting  careful,  serious  examination  of  con- 
science, especially  the  use  of  the  particular  examination  of  con- 
science ;  the  observation  of  the  causes,  the  motives,  and  the  occasions 
of  sin.  Finally,  he  should  point  out  the  necessity  of  illuminat- 
ing grace,  which  the  penitent  obtains  by  earnest  prayer.  The 
confessor  himself  must  try  to  discover  this  predominant  pas- 
sion by  suitable  questions,  by  examining  the  sins  which  have 
been  confessed,  and  the  moral  condition  of  the  penitent.  The 
difficulty  of  his  task  must  not  deter  him,  for  its  successful  accom- 
plishment will  greatly  effect  the  amendment  and  cure  of  the 
penitent.  Earnest  prayer  for  light,  the  intention  only  of  advanc- 
ing the  glory  of  God  and  the  salvation  of  the  penitent,  joined 
to  true  zeal  for  souls,  will  assuredly  load  the  man  of  prayer  and 
of  interior  life  to  the  desired  knowledge.  Having  learnt  the 
state  of  the  penitent's  disease,  let  the  confessor  proceed  to  the 
cure  of  it;  this  will  primarily  be  effected  by  the  abundant  graces 


DUTY  OF  SUGGESTING  REMEDIES  AGAINST  RELAPSE     451 

obtained  in  the  worthy  reception  of  the  Sacrament  of  Penance. 
It  must  be  the  confessor's  next  care  to  dispose  the  penitent 
well,  or  to  perfect  his  dispositions,  by  endeavoring  to  move  him 
to  greater  sorrow  for  his  sins,  and  to  a  firmer  purpose  of  amend- 
ment. The  deeper  the  sorrow  and  the  more  earnest  the  pur- 
pose of  amendment,  the  more  lasting  will  be  the  effect  of  the 
Sacrament  for  the  improvement  of  the  sinner. 

The  confessor  must  then  reprove  (reprehendere)  the  sinner; 
that  is,  he  must  in  strong  and  forcible  language  emphasize  the 
shamefulness  and  perniciousness  of  his  sin.  And  St.  Alphon- 
sus  teaches  that  the  confessor  must  discharge  this  duty  of  rep- 
rehension even  when  the  penitent  is  one  in  high  position;  the 
confessor,  he  says,  must  reflect  that  his  words  are  more  effica- 
cious than  sermons.330  This  reprehension  is  particularly  neces- 
sary for  those  who  seldom  confess,  who  come  burdened  with 
many  sins,  or  who,  from  weakness  of  faith  or  attachment  to 
creatures,  manifest  little  sorrow.  It  is  very  salutary,  because 
the  words  of  the  confessor,  specially  adapted  to  the  penitent, 
are  much  more  efficacious  than  those  of  the  preacher.331  But 
let  the  confessor  administer  it  with  much  prudence,  that  it  may 
really  prove  an  effective  medicine  for  the  sick  soul  -  -  not  with 
indignation,  violence,  and  anger,  but  in  sympathy  and  love,  in 
the  spirit  of  meekness,  with  due  regard  for  the  penitent's  con- 
dition and  the  gravity  of  his  sins.  Despondent  and  scrupulous 
penitents  must  be  encouraged  and  not  cast  into  despair.  Those 
who  are  crushed  by  sorrow  should  be  treated  as  Christ  treated  the 
penitent  Magdalen,  and  as  the  father  treated  the  prodigal  son.332 

Finally,  the  confessor  must  provide  the  penitent  with  reme- 
dies against  relapse.  Of  such  there  are  general  ones,  useful 
against  all  sins,  and  for  all  penitents;  and  special  ones  appli- 
cable to  special  sins.     The  following  are  general  means:  - 

1.  The  most  excellent  general  means  of  eradicating  vice  and 

330  Praxis  Conf.  n.  7.        331  Benedict  XIV.  "  Apostolica,"  §  22. 
332  Cf.  Polancus,  1.  c. :  Segneri,  1.  c. 


452  THE    MINISTER    OF    THE    SACRAMENT 

implanting  virtue  is  regular,  devout,  and  humble  prayer.  The 
confessor  should,  therefore,  earnestly  admonish  the  penitent 
regularly  to  recite  the  daily  prayers  of  a  Christian,  to  implore 
the  divine  grace  in  temptation,  and  if  possible,  hear  Mass  daily. 
Pious  penitents,  who  seriously  aim  at  virtue,  should  be  recom- 
mended to  add  special  devotions  to  the  usual  prayers;  such  as 
visits  to  the  Blessed  Sacrament,  a  portion  of  the  Rosary,  etc.  ; 
especially  spiritual  reading  every  day,  at  a  fixed  hour,  from  a 
suitable  book,  which  the  confessor  may  specify,  short  ejacula- 
tory  prayers,  frequent  renewal  of  good  intention,  and  recollec- 
tion of  the  presence  of  God,  as  also  a  short  meditation  in  the 
morning,  when  possible. 

2.  Frequent  renewal  of  purpose  and  regular  examination  of 
conscience  are  very  beneficial.  Therefore,  the  penitent  should 
renew  his  good  resolutions  every  morning  at  his  prayers  and 
also  during  the  day;  to  his  night  prayers  he  should  add  an  ex- 
amination of  conscience,  at  the  same  time  awakening  true  sor- 
row for  all  sins  of  the  past.  The  confessor  should  also  instruct 
the  penitent  in  the  exercise  of  the  special  resolution,  and  the 
examen  particulare,  and  induce  him  to  adopt  these  exercises, 
as  they  are  so  well  calculated  to  root  out  particular  faults,  to 
bring  about  general  improvement,  and  to  confirm  him  in  his 
striving  after  virtue. 

3.  Frequent  confession,  and  the  confessor  should  fix  the  time 
for  the  penitent's  next  confession;  or  he  should  determine  how 
often  he  must  confess  in  the  future,  not,  however,  making  too 
great  demands  upon  him,  but  requiring  only  what  he  will  prob- 
ably be  able  to  perform.  Let  him  particularly  recommend  the 
penitent  to  confess  as  soon  as  possible  after  relapse  into  mortal 
sin.  Frequent  confession  must  be  imposed  as  a  duty  on  those 
who,  from  interior  weakness,  are  always  relapsing  into  the  same 
sins,  in  proportion  as  this  proves  itself  to  be  the  only  efficient 
means  of  insuring  perseverance  in  virtue.  This  applies  to  those 
who  have  become  addicted  to  the  peccatum  poUutionis. 


DUTY  OF  SUGGESTING   REMEDIES  AGAINST  RELAPSE     453 

4.  Frequent  reception  of  the  holy  communion,  with  clue  prepa- 
ration and  thanksgiving.  True,  it  is  not  necessary  to  receive 
holy  communion  as  often  as  one  confesses  in  order  to  rid  one's 
self  of  habitual  sin;  but  frequent,  even  weekly  communion,  is 
permitted  for  the  cure  of  a  soul  much  weakened  by  sin,  if  the 
penitent  desires  it,  receives  it  with  an  earnest  wish  to  amend, 
and  is  really,  although  but  slowly,  being  converted  by  this 
means  from  a  life  of  sin.  For  holy  communion  is  not  only  a 
help  to  virtue,  but  also  a  remedy  against  sin.  By  increasing 
sanctifying  grace  and  holy  love,  by  the  intimate  union  with 
God  which  it  effects,  by  the  wealth  of  grace  which  it  brings  to 
the  soul,  it  effectually  preserves  men  from  mortal  sin,  destroys 
evil  inclinations,  excites  the  desire  for  virtue,  and  gives  the 
strength  to  practice  it.  For  penitents  who  already  walk  in 
the  paths  of  virtue,  frequent  communion  is  an  aid  to  progress 
in  perfection,  and  assuredly  commimio  frequens  eminently  con- 
duces to  perseverance  and  advancement  in  good;  the  confessor 
should,  therefore,  most  earnestly  recommend  this  remedy  to 
his  penitents. 

But  he  must  not  demand  too  much.  The  reception  of  holy 
communion  every  three  months  is  generally  regarded  as  the 
minimum;  but  the  confessor  will  often  be  obliged  to  content 
himself  with  longer  intervals,  especially  when  youths  and  men 
(and  in  many  cases,  even  women  also)  are  concerned.  When 
received  every  month,  or  at  least  every  six  or  eight  weeks,  holy 
communion  is  a  means  of  keeping  alive  zeal  for  eternal  salva- 
tion and  of  remaining  firm  in  a  Christian  life. 

More  frequent  reception  of  holy  communion,  every  fortnight, 
every  week,  or  several  times  during  the  week,  is  to  be  allowed 
or  recommended  when  the  following  conditions  exist:  — 

(a)  For  weekly  communion,  and,  if  a  feast  occur,  two  com- 
munions in  the  week,  it  is  necessary  that  mortal  sin  should 
generally  be  avoided;  but  if  such  penitents  are  in  the  habit  of 
committing  venial  sins  with  deliberation,  and  if  no  improve- 


454  THE    MINISTER     OF    THE    SACRAMENT 

ment  or  serious  endeavor  to  improve  manifests  itself,  it  is  well 
occasionally  to  forbid  communion  to  such  persons,  in  order  to 
inspire  them  with  greater  fear  of  venial  sin,  and  to  show  them 
with  what  reverence  this  Sacrament  must  be  received. 

(b)  More  frequent  communion  in  the  week  may  be  permitted 
and  recommended  to  those  who  are  free  from  affection  to  venial 
sins,  who  do  not  generally  commit  deliberate  venial  sins,  who 
practice  meditation,  mortify  their  senses  and  passions,  —  who, 
in  other  words,  are  striving  after  perfection. 

(c)  Daily  communion  may  be  allowed  to  those  who  not  only 
do  not  entertain  voluntary  attachment  to  any  venial  sin,  but 
who  steadfastly  endeavor  to  advance  in  virtue,  who  gladly  and 
diligently  devote  themselves  to  interior  prayer,  who  have,  to  a 
great  extent,  suppressed  their  evil  passions,  and  who  are  filled 
with  a  great  longing  for  holy  communion.  The  confessor  must 
not  be  too  indulgent,  nor,  on  the  other  hand,  too  rigorous.  Be- 
fore permitting  frequent  communion  to  any  one,  it  is  necessary 
to  consider  if  the  person  is  so  situated  as  to  be  able  to  prepare 
properly  and  to  make  suitable  thanksgiving.  It  is  also  recom- 
mended (1)  on  one  day  in  every  week,  as  a  rule,  not  to  receive 
communion,  in  accordance  with  the  practice  of  experienced 
confessors,  and  (2)  sometimes  to  forbid  communion  on  some 
particular  day,  for  some  just  motive  —  as  a  trial,  a  mortifica- 
tion, or  a  punishment.  If,  later  on,  the  confessor  perceives 
that,  in  spite  of  frequent  communion,  the  penitent  makes  no 
progress  in  the  way  of  perfection,  and  that  he  cherishes  in  his 
heart  a  voluntary  attachment  to  sin,  the  confessor  must  reduce 
the  number  of  his  communions.333 

5.    Avoiding  bad  company  and  associating  with  good,  religious 


333  Cf.  S.  Alph.  Praxis  Conf.  nn.  148-155;  Horn.  Ap.  App.  1,  nn.  28-36; 
Vera  Sponsa,  cp.  18,  §  3;  Aertnys,  1.  c.  Lib.  VI.  Tract.  IV.  De  Eucharist. 
nn.  93-95;  this  author  discusses  also  the  difference  between  the  teaching 
•  if  St.  Alphonsus  and  that  of  St.  Francis  of  Sales.     Lelnnkuhl,  1.  c.  P.  II 
L.  I.  Tr.  [V.  De  Euchar.  n.  156. 


DUTY   OF  SUGGESTING  REMEDIES  AGAINST  RELAPSE  ■  455 

men.  The  confessor  must,  of  course,  most  earnestly  exhort 
the  penitent  to  avoid  every  occasion  and  danger  of  sin,  especially 
every  immediate,  and  more  serious,  danger  of  sin  even  when  it 
is  a  remote  one,  in  so  far  as  it  is  morally  possible  to  avoid  it. 
The  special  occasions  and  dangers  which  exist  in  some  particular 
place,  the  confessor  will  learn  from  his  own  observation,  from 
the  advice  of  experienced  men,  or  the  counsel  of  his  superiors. 

6.  The  reading  of  good  books,  the  lives  of  the  saints. 

7.  Reflection  on  the  eternal  truths,  the  Life  and  Passion  of  Jesus. 

8.  Frequent  thought  of  the  presence  of  God. 

9.  Voluntary  works  of  penance  in  punishment  of  relapse, 
which  the  penitent  should  determine  in  advance.  This  remedy 
is  much  to  be  recommended,  not  only  against  grave  sins,  but  also 
against  slight  defects,  when  one  is  aiming  at  perfection. 

10.  Special  devotion  to  the  divine  Heart  of  Jesus,  to  Mary,  and 
to  the  Guardian  Angel.  It  is  better  to  do  a  little  regularly,  than 
much  without  perseverance  and  order,  according  to  the  humor 
and  mood  of  the  moment. 

11.  Confidence  and  perseverance,  even  when  a  relapse  occurs; 
for  nothing  is  more  harmful  than  to  lose  courage  and  regard 
amendment  as  too  difficult  and  impossible  on  account  of  fre- 
quent relapses.  This  mood  generally  arises  from  wrong  appli- 
cation of  remedies,  and  from  a  certain  secret  pride.  Therefore, 
wholly  distrusting  his  own  powers,  the  penitent  must  put  all 
his  confidence  in  God.334 

The  confessor  should  not  content  himself  with  indicating 
remedies  for  the  penitent;  he  must  choose  and  impose  them 
with  reference  to  the  latter's  moral  sickness,  his  temptations 
and  occasions  of  sinning,  and  his  station  in  life;  if  necessary 
he  must  also  instruct  him  as  to  their  application. 

Moreover,  there  are  special  remedies  for  different  vices. 

334  Cf.  S.  Alph.  Praxis  Conf.  n.  15  (Ed.  Le  Noir,  Par.  1880)  ;  Lacroix,  Lib. 
VI.  p.  2,  n.  1825  ;  Lehmkuhl,  1.  c.  n.  447  ;  Aertnys,  Instruct,  pract.  Pars  IT. 
cp.  3,  art.  1.  n.  59. 


456  THE    MINISTER    OF    THE    SACRAMENT 

1 .  Against  pride,  the  confessor  should  recommend :  — 

(a)  The  following  considerations  —  what  man  is  of  himself, 
that  he  has  received  all  from  God,  that  he  has  already  committed 
so  many  sins;  his  poverty  and  weakness,  his  inconstancy,  his 
ingratitude  and  infidelity  towards  God. 

(6)  The  example  of  Christ,  who  so  deeply  humbled  Himself 
for  love  of  us,  who  expressly  and  earnestly  invites  us  to  imitate 
His  humility ;   on  the  other  hand,  that  pride  is  the  sin  of  Satan. 

(c)  The  promises  held  out  to  humility,  and  the  punishment  of 
the  proud.  "God  resists  the  proud,  and  gives  His  grace  to  the 
humble."  (St.  James  iv.  6.)  "The  prayer  of  the  humble  man 
pierceth  the  clouds."     (Eccl.  xxxv.  21.) 

(d)  Finally,  he  should  remind  him  that,  to  obtain  humility, 
he  must  humble  himself,  hence  he  must  avoid  rather  than  seek 
the  praise  of  men,  and,  so  far  as  his  position  allows,  forego  out- 
ward marks  of  distinction,  etc. 

2.  Against  avarice  (covetousness) :  — 

(a)  The  utterances  of  Holy  Writ  against  the  avaricious  and 
the  covetous.  (Eccl.  x.  9.)  "There  is  not  a  more  wicked 
thing  than  to  love  money,  for  such  a  one  setteth  even  his  own  soul 
for  sale."  The  parable  of  the  rich  man.  (St.  Luke  xviii.  25.) 
"It  is  easier  for  a  camel  to  pass  through  the  eye  of  a  needle 
than  for  a  rich  man  to  enter  the  kingdom  of  heaven." 

(b)  Earthly  goods  can  never  fully  satisfy  a  man,  nor  make 
him  really  happy. 

(c)  All  our  earthly  possessions  we  must  leave  behind  to  heirs, 
who,  perhaps,  will  soon  forget  us,  and  neither  thank  us  nor  pray 
for  us.  Better  it  is,  therefore,  with  our  earthly  goods  to  procure 
for  ourselves  heavenly  treasures,  of  which  we  cannot  be  robbed. 
(See  St.  Matthew  vi.  19,  20;   St.  Luke  xvi.  9.) 

(d)  The  menace  of  the  Apostle :  "  They  that  will  become  rich, 
fall  into  the  snare  of  the  devil."     (1  Tim.  vi.  9.) 

(e)  The  example  of  Jesus,  of  Mary,  of  St.  Joseph,  and  of  so 
many  saints. 


DUTY  OF  SUGGESTING  REMEDIES  AGAINST  RELAPSE     457 

3.  Against  impurity :  — 

(a)  Serious  consideration  of  the  disgrace  into  which  this  vice 
throws  a  man;  a  vice  in  which  he  makes  himself  the  tool  and 
slave  of  the  vilest  desires  and  passions. 

(6)  Flight  from  those  persons  and  things,  the  sight  of  whom, 
or  intercourse  with  whom,  excites  to  sinful  thoughts  and  desires; 
avoidance  of  every  dangerous  intimacy. 

(c)  Avoidance  of  idleness;   constant  useful  occupation. 

(d)  Watchfulness  over  the  senses. 

(e)  Energetic  suppression  of  temptation  in  its  first  beginnings, 
as  soon  as  one  is  conscious  of  it.  Principiis  obsta,  sero  medicina 
paratur. 

(/)  Humble  prayer  is  here  preeminently  necessary  —  especially 
devotion  to  the  most  blessed  Virgin  in  her  Immaculate  Concep- 
tion. Instant  appeal  to  her  in  temptation;  the  prayer:  "0 
Domina  mea,  0  mater  mea,"  etc.,  every  morning  and  evening 
has  always  proved  very  efficacious. 

(g)  Mortification  of  the  flesh ;  at  least  avoidance  of  all  luxuri- 
ousness  and  effeminacy. 

4.  Against  intemperance:  — 

(a)  Consideration  of  the  disgrace  peculiar  to  this  vice. 
(6)  Avoidance  of  everything  which  excites  to  it,  especially 
convivial  occasions  and  gatherings. 

(c)  Slight  mortifications. 

(d)  Determining  a  fixed  measure,  with  the  firm  resolve  never 
to  exceed  it  without  due  reason. 

5.  Against  envy:  — 

(a)  The  envious  man  tortures  himself;  this  is  the  most  foolish 
of  vices. 

(6)  Envying  others  is  copying  the  devil,  rejoicing  at  the  hap- 
piness of  others  is  imitating  the  angels. 

(c)  Through  God  and  Christ  all  men  stand  in  close  relation- 
ship to  each  other,  are  all  brothers. 

(d)  Consequences  of  envy.     Cain,  the  Pharisees. 


458  THE    MINISTER    OF    THE    SACRAMENT 

(e)  When  feelings  of  envy  rise  in  the  heart,  the  penitent  should 
endeavor  to  be  well  disposed  towards  the  particular  person, 
should  meet  him  in  a  friendly  manner,  should  be  ready  to  help 
him  if  necessary,  should  at  least  pray  for  him  there  and  then. 

6.  Against  anger:  — 

(a)  Our  duty  to  strive  after  meekness  and  patience,  in  imita- 
tion of  Jesus. 

(6)  The  ruinous  effects  of  anger  —  robbing  a  man  —  either 
partially  or  wholly  —  of  the  use  of  reason,  hurrying  him  into 
unconsidered,  shameful,  and  most  sinful  actions;  destroying 
peace,  stirring  up  enmities. 

(r)  Prevention  of  the  outward  inducements  to  anger :  certain 
games,  drinking  —  and  if  they  cannot  be  prevented,  the  peni- 
tent should  lessen  them  by  prudent  precautionary  measures. 

(d)  God  has  every  reason  for  being  angry  with  us,  and 
for  taking  vengeance  upon  us,  on  account  of  the  many  insults 
which  we  offer  to  Him.  But  He  forgives  us,  and  it  is,  therefore, 
but  just  that  we  should  harbor  no  anger  towards  our  neighbor. 

(e)  If  we  do  not  forgive,  we  have  no  right  to  hope  for  forgive- 
ness at  the  hands  of  God,  and  there  is  a  dreadful  significance  in 
the  mouth  of  the  Christian  who  prays  in  the  "Our  Father" 
"forgive  us  our  trespasses  as  we  forgive  them  who  trespass 
against  us." 

(/)  When  anger  is  aroused,  a  man  must  refrain  from  every 
word  and  act  until  he  has  mastered  it. 

7.  Against  sloth:  — 

(a)  God's  abhorrence  of  spiritual  sloth :  "  I  would  that  thou 
wert  cold  or  hot,"  etc.     (Apoc.  iii.  15,  16.) 

(6)  Consideration  of  the  shortness  and  importance  of  human 
life ;  and,  on  the  other  hand,  the  tireless  zeal  of  the  man  of  the 
world  in  his  pursuit  of  earthly  things. 

(c)  The  great  injustice  done  to  God  by  neglect  of  the  service 
due  to  Him  —  for  man  is  the  servant  of  God ! 

(d)  Regular  order  in  life:    establishing  an  order  of  the  day; 


DUTY   OF  SUGGESTING    REMEDIES   AGAINST  UELAl'su     459 

iii  the  morning  renewal  of  the  determination  to  avoid  all  idle- 
ness; in  the  evening,  rendering  account  to  one's  self  of  how  the 
day  has  been  spent.335 

In  his  efforts  on  behalf  of  the  penitent  let  the  confessor  keep 
in  mind  that  the  conversion  of  a  sinner  is  more  the  operation  of 
divine  grace  than  the  fruit  of  any  human  activity.  Let  him, 
therefore,  pray  often  for  his  penitents;  and  let  him  not  despair 
and  despond  if  the  conversion  of  a  sinner  inured  to  vice  does 
not  immediately  follow.  For  such  conversion  does  not  usually 
take  place  suddenly ;  generally  not  for  a  long  time,  nor  till  after 
a  hard  struggle  and  earnest  prayer.  Moreover,  God  rewards 
his  laborers  according  to  their  work,  and  not  according  to  their 
success. 

a35  Renter,  Neo-Confessar.  P.  IT.  cp.  1,  art.  1-8,  mi.  56-99.  Cf.  Lehmkuhl, 
1.  c.  nn.  448-455;  Aertnys,  Instr.  pract.  1.  c.  n.  62;  Theol.  Mor.  Lib.  I. 
nn.  245-261. 


CHAPTER  III 

THE    DUTIES   OF   THE    CONFESSOR   AFTER   THE    CONFESSION 

The  confessor  has  certain  duties  to  perform  after  the  confes- 
sion. These  are  principally  two,  one  of  which  is  always  and  per 
se  incumbent  upon  him,  viz. :  the  preservation  of  the  seal  of  the 
confessional;  while  the  other,  the  correcting  of  errors  which  may 
have  occurred  in  the  confession,  may  arise  per  accidens. 

58.   The  Duty  of  correcting  Errors  occurring  in  the  Confession. 

The  confessor  more  easily  and  more  seriously  errs  in  the  ad- 
ministration of  the  Sacrament  of  Penance  (by  reason  of  the 
variety  of  the  duties  which  this  office  imposes  upon  him)  than 
in  the  other  Sacraments.  The  errors  here  committed  may, 
moreover,  have  grave  consequences.  It  is,  therefore,  necessary 
to  treat  of  them  in  detail  and  to  show  how  they  may  be  cor-, 
rected. 

The  errors  which  the  confessor  (even  the  instructed  and  con- 
scientious confessor)  may  commit  in  the  confessional  are  clas- 
sified under  three  heads:  (1)  Those  which  affect  the  validity  of 
the  Sacrament :  when  the  confessor  has  forgotten  to  give  absolu- 
tion, or  has  given  it  without  due  jurisdiction,  or  to  a  penitent 
insufficiently  prepared;  (2)  those  which  refer  to  the  integrity  of 
the  confession:  when  the  confessor  has  not  asked  concerning 
the  number  or  circumstances  when  he  was  bound  to  ask;  and 
(3)  those  relating  to  the  duties  of  the  penitent:  when  the  confessor 
has   not   admonished    the   penitent  to  avoid  some  immediate 

460 


ERRORS   COMMITTED    HY    THE  CONFESSOR  461 

occasion  of  sin,  or  to  make  restitution,  or  where  he  has  obliged 
him  to  restore  when  there  was  no  obligation.338 

Now  an  error  may  entail  great  injury  to  the  penitent,  or  to  a 
third  person,  or  again  no  great  harm  may  result.  Moreover, 
the  error  may  have  been  committed  through  great  culpability 
on  the  part  of  the  confessor,  or  without  such  culpability,  at  least 
without  great  culpability.  Finally,  the  error  may  be  positive, 
the  confessor  doing  something  wrong;  or  it  may  be  negative, 
the  confessor  neglecting  something  he  should  have  done. 

As  regards  the  duty  of  rectifying  these  errors,  the  following 
principles  are  to  be  observed :  — 

I.  An  error  touching  the  validity  of  the  Sacrament,  resulting 
from  grave  fault  on  the  part  of  the  confessor,  and  causing  great 
harm  to  the  penitent,  must,  ex  justitia,  be  made  good  by  the 
confessor,  even  when  such  reparation  involves  serious  trouble. 

Even  if  the  confessor  is  not  bound  in  justice  to  hear  confes- 
sions, as  soon  as  he  does  so,  he  enters  into  a  kind  of  agreement 
with  the  penitent  to  administer  the  Sacrament  properly;  if  he 
administers  it  invalidly,  he  is  a  damnificator  injustus,  and  must, 
ex  justitia,  and  secundum  justiticc  regidas,  make  good  the  injury 
he  has  caused.  But  if  the  fault  of  the  confessor  was  only  a 
slight  one,  he  is,  as  regards  the  correction  of  the  error,  in  the 
position  of  one  who  has,  inculpabiliter,  caused  some  temporal 
harm.  In  this  case,  he  would  be  bound  to  make  good  the  error 
only  when  he  could  do  so  without  relatively  great  inconvenience 
to  himself.  And  if  the  confessor  sinned  gravely  in  committing 
the  error,  he  would  also  be  excused  from  remedying  it,  if  his  own 
incommodum  much  exceeded  the  detriment  and  danger  resulting 
from  it  to  his  penitent.  But  if,  in  consequence  of  the  confessor's 
error,  the  penitent's  eternal  salvation  has  been  seriously  en- 
dangered —  for  instance,  if  he  has  invalidly  absolved  a  dying 

336  Cf.  Lugo,  1.  c.  Disp.  22,  n.  50;  S.  Alph.  Lib.  VI.  n.  619  ss.;  Ballerini, 
Op.  Theol.  Mor.  1.  c.  cp.  2,  De  officio  et  obligat.  Confess,  mi.  S30-862 ;  Aert- 
nys,  Theol.  Mor.  Lib.  VI.  Tract.  V.  cp.  4,  art.  2,  nu.  282-285. 


462  THE    MINISTER    OF    THE    SACRAMENT 

person,  or  one  who  will  probably  not  confess  again  before  his 
death,  he  must  remedy  this  injury  under  all  circumstances,  even 
cum  suo  damno  relative  gravi,  or  gravissimo  ;  for  this  is  also  a  duty 
of  charity.  Likewise  when  the  confessor  is  the  pastor  of  the  peni- 
tent, and,  therefore,  ratione  stipendii,  the  more  strictly  bound 
to  avert  from  those  committed  to  him  great  spiritual  injury, 
he  must  cum  gravi  incommode-  make  good  an  error  committed 
cum  levi  cidpa.  If  the  penitent  has  subsequently  confessed  to 
another  priest,  or  received  holy  communion  or  Extreme  Unction, 
the  injury  done  to  the  penitent  is  thereby  already  made  good, 
and  the  confessor  has  no  further  obligations.337 

II.  If  the  error  touches  the  integrity  of  the  confession,  the 
confessor  is  not  bound  to  remedy  it  outside  the  confessional, 
if  his  action  in  the  matter  has  been  of  a  negative  character;  this 
error  he  must  make  good  ex  charitate,  and  secundum  regulas  chari- 
tatis,  whether  the  error  was  culpable  on  his  part  or  not.  But 
if  his  action  was  positive  cum  gravi  sua  culpa,  he  must  remedy 
the  error  even  outside  the  confessional,  for  he  is  bound  to  do  so 
ex  justitia  and,  in  consequence,  even  with  grave  inconvenience 

337  Cf .  S.  Alph.  Lib.  VI.  n.  619.  Lehmkuhl  proposes  the  following  case  :  If 
I  had  invalidly  absolved  any  one  —  especially  from  grave  sins —  and  met  him 
shortly  afterwards.  I  should  be  bound  to  absolve  him  without,  however,  inti- 
mating it,  if  I  could  presume  that  he  had  not  committed  any  other  grave 
sin  in  the  meantime.  Whether  I  should  be  bound  to  seek  this  person,  cum 
gravi  meo  incommodo,  would  depend  both  upon  the  risk  to  the  penitent's  sal- 
vation, and  also  upon  the  error  of  which  I  had  been  guilty ;  I  should  also  be 
obliged  to  avoid  endangering  the  seal  of  the  confessional.  If  some  time 
had  elapsed  since  the  confession,  I  could  not  give  the  absolution  till  I  had 
exhorted  the  penitent  to  dispose  himself  by  a  new  act  of  contrition.  To 
give  such  an  exhortation  or  to  make  an  avowal  to  the  penitent  of  the  error 
made  in  the  confession,  would  not  of  itself  be  a  breach  of  the  seal ;  for  every 
penitent,  whether  he  has  confessed  mortal  or  venial  sins,  is  entitled  to  abso- 
lution. But  if,  on  account  of  circumstances,  it  might  be  considered  a  dis- 
closing of  a  grave  sin  heard  in  the  confessional,  the  confessor  would  be 
obliged  previously  to  ask  the  penitent's  permission  to  speak  to  him  concerning 
matters  of  the  confessional  ;  in  so  doing,  he  should  explain  that  something 
very  salutary  and  profitable  to  the  penitent  was  in  question.  Lehmkuhl, 
1.  c.  n.  471 ;  Ballerini,  1.  c.  n.  840. 


ERRORS    COMMITTED    BY    THE    CONFESSOR  463 

to  himself.  Only  when  this  could  not  be  done  without  causing 
scandal  and  much  embarrassment  to  the  penitent  would  the 
confessor  be  justified  in  not  doing  it.  But  it  should  be  care- 
fully observed  that  an  intentional  silence  must,  under  circum- 
stances, be  regarded  as  a  positive  influence  upon  the  penitent. 

That  in  the  case  of  an  omission  the  confessor  is  bound  only 
ex  charitate  to  remedy  the  defect  is  explained  by  the  fact  that 
he  failed  in  his  accessory  duties,  not  doing  that  which  he  ought 
to  have  done  -  -  the  obligation  here  arises,  as  the  theologians  say, 
not  so  much  ex  officio,  as  occasione  officii,  or  not  on  account  of  a 
duty  which  he  owes  to  God,  but  rather  on  account  of  a  duty 
which  he,  titulo  justitia;  et  muneris,  always  owes  to  men.  For 
these  accessory  duties  towards  our  fellow-men,  in  so  far  as  they 
are  duties  of  office  or  of  quasi- justitia,  do  not  extend  beyond 
the  act  of  confession  itself.338 

It  follows  from  this  that  such  defects  or  errors  are  hardly  ever 
to  be  corrected  outside  the  Sacrament  of  Penance,  for  the  peni- 
tent will,  presumably,  receive  this  Sacrament  again.  But  if, 
by  not  being  informed  of  the  error,  so  great  injury,  especially 
spiritual  injury,  should  result  to  the  penitent  that  charity  de- 
manded reparation  of  even  this  negative  defect,  the  confessor 
must  make  the  reparation  even  outside  the  confessional.  For 
any  other  person  —  not  a  confessor  —  would,  under  like  cir- 
cumstances, be  similarly  bound  towards  his  neighbor. 

That  a  confessor  should  be  bound  ex  justitia  to  make  good 
an  error  committed  through  a  positive  action  and  cum  gravi 
sua  culpa,  is  based  upon  the  fact  that  he  has  caused  the  penitent 
to  infringe  an  important  commandment  (the  integrity  of  the 
confession).  Even  if  this  infringement  had  been  for  the  peni- 
tent only  a  material  one,  —  therefore,  not  sinful,  —  the  confessor 
would  be  obliged  to  prevent  such  material  infringement  for  the 

338  Cf.  Gobat,  Theolog.  experimental,  de  VII.  Sacram.  Tract.  VII.  n.  298. 
Lehinkuhl,  1.  c.  n.  473.  Lugo,  De  Pcenit.  Disp.  22,  n.  65  seq.  Suarez,  De 
Pcenit.  Disp.  32,  s.  6. 


464  THE    MINISTER    OF    THE    SACRAMENT 

future  by  correcting  the  error  caused  by  himself.  But  if  the 
fault  of  the  confessor  in  committing  the  error  was  only  a  slight 
one,  a  lesser  ground  would  release  him  from  the  duty  of  cor- 
recting the  fault;  and  if  he  acted  bona  fide,  he  is  entirely  released 
from  it,  seeing  that  subsequent  instruction  concerning  the  fault 
committed  can  never  take  place  without  embarrassment  and 
difficulty.339 

III.  A  defect  having  reference  to  a  duty  of  the  penitent, 
which  causes  the  latter,  or  a  third  person  injury,  must  be  made 
good  by  the  confessor  cum  gravi  suo  incommode-,  if  cum  gravi 
sua  culpa  he  has  instructed  the  penitent  falsely ;  if  he  committed 
the  error  without  great  fault  on  his  part,  he  is  not  bound  to  cor- 
rect it  cum  gravi,  although  he  is  bound  cum  aliquo  incommodo. 
The  confessor  is,  in  this  case,  causa  injusta  damni,  and  has, 
therefore,  the  obligations  of  a  damnificator  injustus. 

The  injury  caused  by  the  confessor  may  be  spiritual,  in  con- 
sequence of  wrong  instruction,  or  temporal,  by  imposing  resti- 
tution, or  some  similar  burden  to  which  the  penitent  was  not 
bound.  With  reference  to  others  than  the  penitent,  the  question 
will  generally  be  one  of  temporal  loss  in  consequence  of  the  peni- 
tent having  been  released  from  his  duties  to  them.  The  ques- 
tion of  injury  to  the  community  at  large  should  be  remembered 
in  this  connection. 

If,  therefore,  the  confessor  committed  the  error  cum  gravi 
culpa,  for  instance,  caused  some  great  temporal  harm,  he  must 
repair  it  himself  if  it  cannot  be  otherwise  repaired,  and 
prevent  injury  which  has  not  yet  ensued,  but  which  may  ensue. 
If  the  error  took  place  without  his  fault,  he  is  not  bound  to 
repair  any  harm  which  ensues  before  he  knew  of  the  error, 
and  which  could  not  be  repaired  without  great  detriment  to 
himself.  He  must,  however,  avert  injury  which  is  still  threat- 
ening, and  repair  that  which  already  exists  if  it  can  be  done 

™  S.  Alph.  Lib.  VI.  n.  620. 


ERRORS    COMMITTED    BY    THE    CONFESSOR  465 

without  relatively  great  detriment  to  himself.  If  he  neglects 
this  ex  gravi  negligentia,  he  is  guilty  of  a  great  injustice,  and  is 
responsible  for  all  harm  which  he  did  not  prevent.  So,  if  he 
has  wrongly  bound  any  one  to  make  restitution,  he  must  advise 
the  penitent  (after  obtaining  from  him  permission  to  speak 
about  matters  of  confession)  not  to  make  the  restitution,  or  if 
he  has  already  made  it,  to  indemnify  himself  compensatione 
occulta,  if  this  be  possible.  If  he  omits,  ex  gravi  negligent ia, 
so  to  instruct  the  penitent,  he  is  bound  to  make  good  the  injury 
out  of  his  own  means,  in  case  his  warning,  or  the  retractation  of 
his  error,  is  no  longer  effectual  in  preventing  the  injury,  or  com- 
pensating for  it.  But  if,  after  becoming  aware  of  his  error, 
the  confessor  can  no  longer  warn  the  penitent,  or  if  the  warning 
or  retractation  must  be  regarded  as  useless,  he  is  free  from  all 
obligation.  If  from  the  first  the  confessor's  error  was  fraught 
with  great  guilt,  he  is  bound,  if  it  is  any  way  possible,  to  see  that 
justice  is  done  to  the  injured  person.340  The  same  principles 
hold  good  if  a  third  person  has  suffered  injury,  or  been  exposed 
to  the  risk  of  it  by  the  fault  of  the  confessor.  If  the  evil  conse- 
quences are  sufficiently  remote. and  the  case  admits  of  delay, 
the  error  may  be  set  right  in  the  next  confession  of  the  penitent; 
for  generally  it  is  no  easy  matter  to  speak  about  anything  con- 
nected with  a  confession  outside  the  confessional.  In  cases  of 
necessity,  however,  the  confessor  must  brave  this  difficulty 
and  do  his  duty. 

Gobat341  gives  confessors  (especially  young  ones)  the  following 
excellent  rules  which  they  should  always  keep  in  view  in  order  to 
acquire  the  necessary  prudence  and  dexterity  in  their  office :  — 

1.  After  he  has  heard  a  confession,  the  confessor  should  always 
reflect  if,  and  in  what,  he  has  erred,  so  that  he  may  avoid  these 
faults  in  future. 

340  S.  Alph.  Lib.  VI.  n.  621 ;  H.  A.  n.  122 ;  Lehmkuhl,  1.  c.  n.  472;  Aertnys, 
I.e.  n.  284. 

341  L.  c.  n.  299.     Cf.  Lehmkuhl,  1.  c.  n.  475. 


466  THE    MINISTER    OF    THE    SACRAMENT 

2.  In  giving  or  refusing  absolution,  in  imposing  a  penance, 
the  confessor's  first  consideration  should  always  be  the  welfare 
of  the  penitent  and  his  greater  spiritual  advantage. 

3.  Let  him  be  careful  not  to  pronounce  a  sin  mortal  without 
being  certain  that  it  is  so. 

4.  In  doubt  as  to  whether  restitution  or  a  similar  duty  is  to 
be  imposed,  let  him  adopt  the  more  lenient  opinion  of  the  theo- 
logians if  this  is  really  probable. 

5.  The  confessor  of  a  penitent  must  presume  that  the  former 
confessor  discharged  his  duty  properly,  unless  he  sees  plainly 
the  contrary. 

6.  The  confessor  must  know  the  different  opinions  of  theo- 
logians upon  one  and  the  same  matter  when  such  exist  and  are 
practically  probable,  in  order  to  make  use  of  one  or  the  other, 
according  to  the  different  dispositions  of  the  penitents  and  their 
requirements. 

59.   The  Duty  of  preserving  the  Seal  of  Confession. 

By  the  seal  of  confession,  or  sigiUum  confessionis  sive  sacra- 
mentale,  we  understand  the  duty  of  preserving  silence  concern- 
ing everything  which  has  been  learnt  in  sacramental  confession. 

I.  The  duty  of  preserving  the  seal  of  the  confessional  is  based 
upon  natural  and  divine  law  and  upon  the  strict  precept  of  the 
Church.  It  is  true,  God  has  not  laid  down  any  formal  and 
express  demand  to  preserve  the  seal  of  confession,  but  that  this 
is  His  will  results  (naturaliter)  from  the  divine  institution  of 
confession,  and  especially  from  the  commandment  which  obliges 
all  the  faithful  to  confess  all  their  mortal  sins,  but  which  binds 
them  only  to  confess  their  sins  in  secret  (secreto).  Now  this 
general  law  to  confess  all,  even  the  gravest  and  most  secret 
sins,  would  assuredly  be  too  burdensome  to  the  faithful ;  indeed, 
its  observance  would  become  simply  morally  impossible  if  con- 
fessors were  not  bound  by  the  strictest  obligation  to  preserve 
the  seal  of  the  confessional.     Danger  to  human  life  and  the 


duty  of  Preserving  the  seal  of  confession    46? 

social  order,  would,  in  fact,  be  inevitable  if  this  duty  did  not 
exist.  Thus  the  seal  of  the  confessional  seems  to  be  an  indis- 
pensable condition  of  the  observance  of  the  commandment  to 
make  full  confession  of  sins.  But  he  who  prescribes  an  end  must 
also  prescribe  the  means  necessary  to  that  end.  And  if  every 
man  is  bound  to  preserve  a  secret  confided  to  him,  a  confessor 
is  still  more  bound,  under  all  circumstances,  to  maintain  silence 
concerning  sins  which  have  been  confessed  to  him  as  secretum, 
seeing  that  so  much  depends  upon  his  fidelity  in  this  respect, — 
the  sanctity,  the  usefulness,  and  the  blessings  of  the  holy  Sacra- 
ment of  Penance.342  Moreover,  the  duty  of  preserving  the  seal 
of  the  confessional  is  imposed  by  an  express  law  of  the  Church, 
which  has  existed  in  constant  tradition,  and  is  thus  expressed 
by  the  IV.  Council  of  the  Lateran : 343  Let  the  confessor  beware 
of  betraying  the  sinner  in  any  way,  by  a  word,  or  a  sign,  or  by 
any  other  means ;  but  if  he  should  stand  in  need  of  wiser  counsel 
let  him  ask  for  it  without,  in  any  way,  indicating  the  person. 

II.  It  results  also  from  the  above  that  the  obligation  of  the 
seal  belongs  to  the  virtue  of  religion.  Breaking  it  is  an  abuse  of 
a  Sacrament,  therefore,  rightly  regarded  as  a  kind  of  sacrilege; 
however,  it  must  not  be  confessed  under  the  general  designation 
of  a  sacrilege,  but  as  a  breach  of  the  seal  of  confession,  in  order 
that  the  ultimate  and  full  species  of  the  sin  may  be  recognized. 

Inasmuch  as  the  confessor,  ex  officio,  listens  to  the  confession 
of  the  penitent,  he  is  bound,  ex  ffdelitate,  to  silence  concerning 
everything  which  the  interest  of  the  penitent  demands  that  he 
should  keep  secret.  Finally,  breaking  the  seal  of  confession 
would,  in  many  cases,  be  a  defamation  of  the  penitent,  and 
would,  therefore,  be  an  injustice.  It  is  thus  of  its  nature  a  very 
grave  sin,  a  sacrilege,  which  is  generally  accompanied  by  injury 
to  reputation  and  breach  of  faith.344 

III.  The  obligation  of  the  seal  is  a  very  strict  one,  admitting 

842  S.  Alph.  Lib.  VI.  n.  C,:)-,.     Lugo,  De  Poenit.  Disp.  _':;.  mi.  1-10. 

343  Cap.  21.  3"  S.  Alph.  Lib.  VI.  a.  635.     Cf.  Ballerini,  1.  c.  n.  902. 


468  THE    MINISTER    OF    THE    SACRAMENT 

neither  parvitas  materia  per  se,  nor  any  exception:  only  when 
the  penitent  has  expressly  and  voluntarily  given  permission 
would  it  be  allowable  to  disclose  anything  heard  in  confession, 
and  even  then  prudence  will  generally  dissuade  the  confessor 
from  making  use  of  the  permission.345 

St.  Alphonsus  teaches,346  as  sententia  certissima,  that  never, 
and  in  no  case,  is  the  slightest  disclosure  of  the  secrets  of  the 
confessional  permitted,  not  even  to  save  one's  life,  to  save  the 
state,  or  to  remedy  the  greatest  spiritual  necessity.  The  reason 
for  this  most  stringent  obligation  is  clear.  If  there  were  only 
one  exception  made,  people  would  always  be  in  a  state  of  fear 
that  this  or  that  sin  might  be  sufficient  ground  for  lawfully 
breaking  the  seal,  and  the  Sacrament  would  thereby  become 
odious.347 

When,  therefore,  the  confessor  is  asked  concerning  anything 
which  he  has  learnt  in  the  confessional,  he  must,  per  se,  repri- 
mand the  questioner,  reminding  him  that  such  questions  are 
quite  inadmissible.  If,  however,  he  can  see  no  other  effectual 
way  of  evading  the  question  or  of  averting  suspicion  from  the 
penitent,  he  can  and  must  declare,  even  upon  oath,  that  the 
penitent  has  not  confessed  to  him  what  is  in  question,  that  he 
knows  nothing  at  all  about  it.  Such  a  statement  is  not  a  lie 
nor  is  it,  in  consequence,  a  perjury  if  made  upon  oath,  for  it  is 
a  case  of  lawful  use  of  the  implicit  reservation  that  the  confessor, 
as  a  private  individual,  —  the  only  capacity  in  which  he  can  be 


345  The  duty  is  here  considered  in  so  far  as  it  belongs  to  virtus  religionis , 
for  the  defamation  arising  from  breaking  the  seal  may  be  very  slight,  or 
wholly  absent,  and  the  breach  of  confidence  may  easily  be  of  small  signifi- 
cance. But  levitas  periculi  of  breaking  the  seal  is  by  no  means  to  be  con- 
founded with  parvitas  materia;  for  there  exists  no  duty  to  avoid  every  slight 
and  improbable  danger  of  breaking  it;  this  would  cause  too  great  anxiety 
of  conscience.  Nevertheless  every  confessor  will  be  very  cai'eful  to  preserve 
this  seal  intact.     Cf.  S.  Alph.  1.  c.  nn.  633,  661. 

«46  L.  c.  n.  634. 

847  S.  Alph.  1.  c.  nn.  634,  635,  651 ;  II.  Ap.  n.  147. 


DUTY  OF  PRESERVING   THE  SEAL   OF  CONFESSION       169 

expected  to  answer,  —  has  no  knowledge  of  a  subject  revealed 
to  him  as  a  representative  of  God.348 

And  should  the  confessor  be  asked  if  he  has  given  absolution 
to  a  penitent,  let  him  answer,  "I  did  what  it  was  my  duty  to 
do,"  or,  still  .better,  dismiss  the  questioner  with  the  answer, 
"Such  questions  are  not  allowed."  If  he  had  not  given  the 
absolution  and  was  asked  by  a  priest  or  other  cleric  if  the  peni- 
tent might  receive  holy  communion,  he  must  answer,  "Ask 
him  yourself."  349 

Concerning  the  penitent's  permission  to  speak  about  the  con- 
fession, St.  Alphonsus  teaches  as  follows:  1.  This  permission 
must  be  given  in  words,  or  by  facts  which  convey  it,  as,  for 
instance,  when  the  penitent  himself  begins  to  talk  to  the  con- 
fessor about  something  said  in  the  confessional.  This  permis- 
sion may  not  be  presumed  even  if  it  were  for  the  penitent's 
own  welfare.330 

2.  Permission  obtained  by  threats  or  metus  reverentialis  does 
not  suffice ;  for  instance,  if  the  confessor  has  obtained  it  through 
repeated  requests,  the  penitent  having  at  first  refused  it.351 
3.  The  penitent  can  recall  the  permission  which  he  has  given 
at  his  pleasure.352  4.  When  the  confessor  has  obtained  the  per- 
mission let  him  be  very  careful  not  to  overstep  the  limits  laid 
down  by  the  penitent.353 

IV.  The  duty  of  preserving  the  seal  of  the  confessional  thus 
differs  from  that  of  preserving  any  other  secret  in  the  following 
points:  (a)  It  does  not  admit  parvitas  materia7;  (b)  it  exists 
even  with  regard  to  the  person  who  has  confessed,  or  whom  the 
secret  concerns;   (c)  it  never  admits  of  any  exception. 


354 


848  S.  Alph.  I.  c. ;  Lehmkuhl,  1.  c.  n.  457 ;  Aertnys,  1.  c.  n.  288. 

349  S.  Alph.  II.  Ap.  n.  1 18;   Lib.  III.  n.  153. 

350  S.  Alph.  1.  c.  Lit..  VI.  n.  651. 

851  S.  Alph.  1.  c.  n.  651 ;   II.  Ap.  n.  156. 

852  S.  Alph.  1.  c.  n.  651. 

853  Cf.  Ballerini,  Op.  Theol.  Mor.  1.  c.  n.  976  ss. 

854  Cf.  Lehmkuhl.  1.  c.  n.  155. 


470  THE    MINISTER    OF    THE    SACRAMENT 

V.  The  duty  of  secrecy  attaches  to  every  really  sacramental 
confession;  that  is,  confession  made  with  the  intention  of  accus- 
ing one's  self  and  of  obtaining  absolution.  Therefore,  (a)  con- 
fession knowingly  made  to  a  cleric  or  a  priest  without  jurisdiction 
does  not  impose  the  duty  of  silence,  but  only  the  obligation  of 
the  natural  secret,  excepting,  however,  the  case  where  the  peni- 
tent intended  that  the  priest  should  obtain  jurisdiction,  and 
afterwards  give  him  absolution.  The  duty  of  the  seal  would 
also  come  into  effect  if  the  penitent  believed  that  the  priest  to 
whom  he  confessed  had  jurisdiction.  (&)  If  a  person  informs  a 
confessor  of  the  state  of  his  conscience  not  with  the  intention 
of  receiving  absolution,  but  for  the  purpose  of  obtaining  advice 
or  instruction  for  his  spiritual  life,  or  for  some  other  object, 
there  is  no  obligation  of  the  seal,  but  only  of  the  secretum  natu- 
rale  and  commissum  ;  though  of  this  class  of  secrets  it  is  unques- 
tionably the  most  binding.  The  same  principles  would  apply 
if  a  person  said  that  he  made  the  disclosures  concerning  himself 
only  sub  sigillo.  But  there  is  always  this  difference  between 
the  case  mentioned  and  the  seal  of  the  confessional,  that  here 
parvitas  materia'  is  admissible,  and  that  the  secret  is,  of  itself, 
not  violated  by  any  reference  to  the  person  concerned.355  (c)  A 
pretended  confession,  made  for  the  purpose  of  deceiving,  or 
seducing,  or  ridiculing  the  priest,  does  not  impose  the  duty  of 
the  seal,  and  the  priest  might,  at  the  call  of  circumstances, 
make  use  of  knowledge  thus  obtained,  in  his  defense.  On  the 
other  hand,  a  confession  begun  with  the  honest  intention  of 
receiving  the  Sacrament,  but  during  which  the  penitent  allowed 
himself  to  be  carried  away  and  influenced  by  some  sinful  purpose, 
would  impose  the  duty  of  the  seal,  since  such  confession  was,  at 
least  in  part,  sacramental.356  (d)  Finally,  a  confession,  or  rela- 
tion of  sins  made  for  some  other  purpose  would  not  impose  it, 
though,  under  circumstances,  the  duty  of  the  strictest  secretum 

355  Cf.  S.  Alph.  Lib.  VI.  n.  636 ;  H.  A.  n.  156.  356  S.  Alph.  1.  c. 


THE    SUBJECT    OF    THE    SEAL    OF    CONFESSION       471 

naturale  et  commissum  may  ensue.  The  confessor  is  also  for- 
bidden to  make  use  of  a  probable  opinion  in  matters  which 
come  under  the  seal,  whether  the  probabilitas  be  facti  or  juris. 
The  probabilitas  facti  would  turn  on  the  question  whether  it  is 
probable  that  the  confession  made  was  sacramental  or  not; 
in  neither  case  have  I  any  right  to  say  or  do  anything  which 
might  possibly  amount  to  a  breach  of  the  seal.  The  probabili- 
tas juris  exists  when  authors  disagree  as  to  what  constitutes  an 
infraction  of  the  seal ;  here  I  may  not  adopt  any  form  of  action 
or  speech  which  on  solid  probable  grounds  would  mean  a  breach 
of  the  seal,  or  tend  to  make  the  Sacrament  odious  to  the  faith- 
ful. On  the  contrary,  it  must  be  morally  certain  that  the  utter- 
ance or  action  in  question  excludes  all  danger  of  disclosure 
and  of  aversion  to  the  Sacrament.357 


60.   The  Subject  of  the  Seal  of  Confession. 

The  duty  of  preserving  the  seal  of  confession  binds,  in  the  first 
place,  the  confessor  who  hears  the  confession.  It  devolves  also 
upon  all  who,  by  lawful  or  unlawful  means,  have  acquired  knowl- 
edge of  that  which  falls  under  the  seal;  otherwise  the  penitent 
would  not  be  sufficiently  protected,  and  might  be  deterred  from 
approaching  the  Sacrament.  This  extension  of  the  duty  of 
the  seal  was  certainly  in  the  intention  of  Our  Saviour.358 

In  addition  to  the  confessor,  therefore,  the  following  are  bound 
by  the  seal  of  the  confessional :  (a)  the  Superior  to  whom  the 
penitent  or  the  confessor  (with  permission  of  the  penitent)  had 
recourse  either  verbally  or  by  writing,  in  a  reserved  case,  or  a 
similar  matter;  (6)  any  one  employed  as  an  interpreter  in  a 
confession;  (c)  the  theologian  whom  the  confessor  consulted, 
either  verbally  or  by  writing,  in  a  difficult  case,  and  especially 

357  S.  Alph.  Lib.  VI.  n.  633 ;  II.  Ap.  n.  164  ;  Gury-Ballerini,  Notre  ad  Gury, 
II.  n.  650;  Lehmkuhl,  1.  c.  n.  458;  Ballerini,  Op.  Theol.  Mor.  1.  c.  n.  901  ss. 
858  S.  Alph.  1.  c.  Lib.  VI.  nn.  6-15,  648. 


472  THE    MINISTER    OF    THE    SACRAMENT 

any  person  to  whom  the  confessor  in  any  way  communicated 
matter  learnt  in  the  confessional  —  whether  that  communica- 
tion was  made  sacrilege  vel  imprudentar,  or  in  a  lawful  manner 
—  excepting  when  the  penitent  has,  perhaps,  widened  the  limits 
of  his  permission.359  If,  therefore  (for  example),  the  confessor, 
in  behalf  of  the  penitent,  should  ask  for  a  remission  of  debts, 
and,  in  doing  so,  with  the  penitent's  permission,  discloses  to 
the  injured  person  the  sin  of  theft,  etc.,  the  latter  possesses  the 
knowledge  of  this  theft  under  the  seal  of  the  confessional;  for 
it  is  in  the  penitent's  power  to  give  permission  to  propagate 
information  received  by  the  confessor  in  the  confessional,  either 
under  the  same  seal,  that  is,  in  the  same  manner  as  the  confessor 
possesses  it,  or  in  some  less  stringent  manner.360  (d)  He  who, 
either  accidentally  or  purposely,  has  heard  the  confession  of 
another,  and  those  who,  through  him,  have  obtained  knowledge 
of  a  sin  so  heard.  Deliberately  to  overhear  the  confession  of 
another  is,  of  itself,  a  breach  of  the  seal,  (e)  Whoever  reads  a 
piece  of  paper  upon  which  the  penitent  has  written  his  sins 
may  be  bound  either  under  the  seal,  or  to  the  natural  secret 
only.  He  is  bound  under  the  seal :  (1)  if  he  should  read  the 
written  confession  in  actu  confessionis ,  especially,  if  it  is  already 
handed  to  the  confessor  for  the  purpose  of  confession;  (2)  if 
he  found  it  in  the  confessional,  having  been  left  there  by  the  con- 
fessor, "for  this  knowledge  is  none  other  than  that  of  the  con- 
fessor"; (3)  if  he  snatched  it  from  the  hand  of  the  confessor 
to  whom  the  penitent  had  handed  it ;  (4)  if  it  had  been  snatched 
from  the  hands  of  the  penitent  while  he  was  confessing,  or  had 
fallen  from  his  hands;  (5)  if  writing  the  confession  is,  for  the 
penitent,  the  necessary  means  of  making  a  complete  confession, 
reading  this  writing  before  the  confession  also  imposes  the  obli- 
gation of  the  seal ;  (6)  this  holds  good  in  every  case  after  the  con- 
fession, before  the  document  has  so  far  returned  to  the  penitent's 

359  S.  Alph.  1.  c.  n.  647  ;  Stotz,  1.  c.  Lib.  II.  n.  199. 

360  Cf.  Lugo,  1.  c.  Disput.  23,  n.  29. 


THE    OBJECT    OF    THE    SEAL    OF    CONFESSION         473 

possession  that  he  has  voluntarily  preserved  it  when  he  might 
have  destroyed  it;  (7)  whosoever  reads  the  letter  in  which  per- 
mission is  asked  of  a  Superior  to  absolve  from  a  reserved  case, 
as  this  belongs  to  the  confession. 

On  the  other  hand,  whoever  reads  the  written  enumeration 
of  the  sins  of  others  is  bound  to  the  natural  secret  only :  (1)  if 
the  penitent,  after  completing  his  confession,  had  voluntarily 
left  the  document  behind,  had  thrown  it  away,  had  not  destroyed 
it;  and  (2)  if  the  penitent,  without  exactly  intending  to  make 
his  confession,  had  written  down  his  sins,  and  this  document 
is  read  prior  to  the  confession.  Though  in  this  case  the  obliga- 
tion of  the  natural  secret  only  comes  into  force,  it  is  the  strictest 
of  its  kind.361  The  penitent  is  not  bound  by  the  seal  to  be  silent 
about  what  the  confessor  has  said  to  him;  but  he  is  bound  to 
natural  secrecy  concerning  everything  the  revelation  of  which 
might  injure  the  confessor  or  the  Sacrament;  indeed  the  peni- 
tent is  more  strictly  bound  to  silence,  because  the  confessor, 
unlike  other  men,  does  not  impart  advice  and  instruction  spon- 
taneously but  in  virtue  of  his  office.362 

61.   The  Object  or  Matter  of  the  Seal  of  Confession. 

The  object  of  the  seal  of  confession  is,  in  general,  everything 
the  revealing  of  which  would  make  confession  odious.  This  is 
a  natural  deduction  from  the  end  of  the  law  and  from  a  decision 
of  the  S.  C.  Inquis.  given  under  the  authority  of  Innocent  XI, 
Nov.  18,  1682,  by  which  a  proposition  was  rejected  permitting 
the  use  of  all  information  obtained  in  the  confessional,  as  long 
as  no  direct  or  indirect  revelation  takes  place.363 

361  S.  Alph.  I.e.  Lib.  VI.  n.  650.  Cf.  Lugo,  1.  c.  Disp.  23,  n.  47  ss.  Lay- 
maun,  De  Poenit.  cp.  14,  u.  19.  Ballerini,  Op.  Theol.  Mor.  1.  c.  cp.  3,  n. 
971  ss. 

362  S.  Alph.  1.  c.  n.  617.  Cf.  Suarez,  De  Pcen.  Disp.  33,  Sect.  4,  n.  2 ;  Bal- 
lerini, 1.  c.  n.  975.  zm  S.  Alph.  1.  c.  n.  657. 


474  THE    MINISTER    OF    THE    SACRAMENT 

Objects  of  the  seal  are:  — 

1.  All  sins;  mortal  and  venial  sins  both  of  the  penitent  and 
of  his  accomplice  {complex) ; 364  indeed,  notoriously  public  sins, 
also,  in  so  far  as  they  are  known  through  the  medium  of  confes- 
sion. Not  only  mortal  and  venial  sins  in  individuo,  but  also 
omnino  in  genere.  It  would  be  no  breach  of  the  seal  to  say,  in 
a  general  way,  that  the  penitent  had  committed  venial  sins  or 
only  venial  sins,  especially  as  the  penitent  himself,  by  going  to 
confession,  practically  tells  every  one  that  he  has  committed  some 
sin,  at  least  a  venial  sin ;  and  it  is,  moreover,  a  matter  of  faith 
that  no  man  can  remain  free  from  all  venial  sin,  unless  he  has 
received  a  special  privilege  from  God,  and  the  Blessed  Virgin 
alone  is  known  positively  to  have  possessed  such  a  privilege. 

2.  The  objects  and  circumstances  of  the  sins,  and  not  only  that 
which  it  is  of  precept  to  confess,  but  also  that  which  the  peni- 
tent believed  necessary  for  the  better  explanation  of  his  sins. 
For  example,  if  a  son  confesses  that  he  hates  his  father  because 
the  latter  has  committed  adultery,  the  adultery  of  the  father, 
although  not  a  necessary  part  of  the  confession  of  the  son,  is, 
nevertheless,  an  object  of  the  seal;  or  when  the  penitent  con- 
fesses a  murder  at  which  he  has  rejoiced,  a  duel  which  he  has 
witnessed,  etc.363 

3.  The  penance  imposed,  except  when  this  is  a  small  one  such 
as  is  generally  imposed  for  the  slightest  sins;  for  a  more  severe 
penance  indicates  that  graver  sins  have  been  committed. 

4.  Temptations,  because  they  stand  in  relation  to  sins,  in  so 
far  as  the  penitent  doubts  if  he  has  consented  to  them,  or  asks 
advice  of  the  confessor  in  order  not  to  yield  to  them. 

5.  Defects,  which  are  confessed  in  explanation  of  a  sin;  for 
example,  illegitimacy,  where  a  penitent  has  received  Orders, 
in  opposition  to  the  law  of  the  Church.     Natural  defects  of  the 

864  Cf.  Ballerini,  1.  c.n.  026  ss.;  Lugo,  1.  c.  Disp.  23,  n.  68. 
365  Cf .  Ballerini,  Op.  Theol.  Mor.  1.  c.  nn.  947-948  ;  Lugo,  1.  c.  n.  54 ;  Suarez, 
1.  c.  Disp.  33,  Sect.  3,  n.  5. 


THE    OBJECT    OF    THE    SEAL    OF    CONFESSION         475 

penitent  also,  in  so  far  as  they  are  known  through  the  confes- 
sional, and  tend  to  his  disgrace  (for  instance,  defective  educa- 
tion, stupidity,  etc.),  are  objects  of  the  seal.  But  if  these  do  not 
stand  in  any  relation  to  the  confession,  or  if  the  penitent  would 
not  resent  their  being  made  known,  and  if  they  are  matter  of 
general  knowledge  already,  they  are  not  objects  of  the  seal.'"'1'' 

6.  The  penitent's  position  in  life  may  be,  ex  se,  an  object  of  the 
seal,  in  so  far  as  information  about  it  is  necessary  in  order  to 
explain  the  sins  according  to  their  ultimate  species.  Never- 
theless, it  may  be  assumed  that  this  information,  even  when 
thus  necessary,  is  not  given  to  the  confessor  sub  sigillo,  but  rather 
prcevie.  If  it  is  a  question  of  a  position  known  to  every  one 
(though  perhaps  not  known  to  the  confessor)  the  penitent  does 
not  intend  to  include  this  knowledge  under  the  seal.  But  it 
is  a  different  matter  when,  on  account  of  certain  circumstances, 
the  penitent  attaches  importance  to  his  incognito.  It  is  cer- 
tainly not  allowed  so  to  speak  of  the  position  and  circumstances 
of  the  penitent  so  as  to  indicate  thereby  that  he  had  sinned 
against  individual  duties  of  his  position.367 

7.  Scruples,  or  the  scrupulosity  of  the  penitent,  may  be  an 
object  either  of  the  seal,  or  of  the  natural  secret,  (a)  The 
scruples  themselves  which  the  penitent  confesses  are,  of  course, 
direct  objects  of  the  seal,  in  so  far  as  they  are  considered  by  him 
to  be  sins,  (b)  The  scrupulosity  which  the  penitent  confesses 
as  a  circumstance  of  his  sins  —  or  in  order  to  give  a  better  idea 
of  his  spiritual  state  —  is  likewise  an  object  of  the  seal,  (c)  To 
say  in  a  general  way  that  the  penitent  has  confessed  many  scru- 
ples, violates  the  seal  in  the  same  way  as  to  disclose  that  he 
has  confessed  several  venial  sins,  real  or  supposed,  (d)  On 
the  other  hand,  the  scrupulosity  which  is  only  perceived  in  the 
manner  of  expression  is  not  matter  of  the  seal,  but,  per  se,  of  the 


366  Cf.  Ballerini,  1.  c.  mi.  956-960. 

367  Cf.  Reuter,  Tlieol.  Mor.  Tom.  IV.  n.  377;  Lugo,  1.  c.  n.  57;  Sporer, 
j 


De  Pienit.  n.  833;  Lehmkuhl,  1.  c.  n.  460. 


470  THE    MINISTER    OF    THE    SACRAMENT 

natural  secret  which  obliges  the  more  strictly  as  the  knowledge 
obtained  is  more  intimately  connected  with  the  confession  itself.368 

8.  Sins  committed  in  the  confession  itself,  for  example,  impa- 
tience, not  showing  the  confessor  due  reverence,  etc.,  are,  per 
se,  not  objects  of  the  sigillum,  because  the  penitent  does  not  con- 
fess them;  nevertheless,  making  them  known  might  easily, 
and  generally  will,  involve  danger  to  the  seal;  for  these  sins 
suggest  a  severe  reprehension  or  a  refusal  of  absolution.369 

9.  Virtues  or  supernatural  gifts  which  the  penitent  discloses 
in  order  that  the  confessor  may  learn  the  state  of  his  soul,  are 
not,  per  se,  objects  of  the  seal;  but  if  they  are  disclosed  inas- 
much as  they  have  reference  to  a  sin,  they  are  matter  of  the 
sigillum.310 

62.   Violations  of  the  Seal. 

The  seal  of  confession  is,  in  the  first  place,  violated  by  every 
communication  of  those  things  which  are  matter  of  the  seal  if 
the  penitent  is  recognized,  or  if  there  is  a  danger  of  his  being  rec- 
ognized. Moreover,  every  use  of  things  falling  under  the  seal 
which  is  calculated  to.  make  confession  odious,  or  to  cause  the 
penitent  annoyance  and  detriment,  is  also  a  breach  of  the  seal. 

A  distinction  is,  accordingly,  to  be  made  between  direct  and 
indirect  violation  of  the  seal ;  it  is  directly  violated  when  any 
matter  of  the  seal  itself  is  directly  disclosed  and  the  person  of 
the  penitent  indicated;  it  is  indirectly  violated  when  revelation 
of  matter  of  the  seal  involves  only  risk  of  discovery  of  the  peni- 
tent or  danger  of  harm  to  him.  In  the  indirect  violation  there 
may  be  parvitas  materia1;  that  is,  when,  through  the  communis 
cation  or  the  use  of  that  which  was  learnt  under  the  seal  only 
very  slight  danger  of  recognition  would  be  incurred,  as  when  the 

368  Cf .  S.  Alph.  1.  c.  n.  644 ;  Lugo,  1.  c.  n.  60 ;  Lehmkuhl,  1.  c.  n.  460 ;  Aert- 
nys,  1.  c.  n.  293 ;  Ballerini,  1.  c.  n.  960. 

869  Cf .  S.  Alph.  1.  c.  nn.  643,  659  (in  fine)  ;  Ballerini,  Op.  Theol.  Mor.  1.  c. 
n.  959.  870  S.  Alph.  1.  c.  n.  641. 


VIOLATIONS    OF    THE    SEAL  477 

confessor  speaks  of  the  sins  prevalent  in  some  particular  town 
or  place  without  the  inhabitants  of  the  place  becoming,  thereby, 
appreciably  prejudiced  against  the  institution  of  the  confes- 
sional, or  any  particular  defamation  resulting.  But  if  there  is 
doubt  as  to  whether  the  consequences  are  really  so  slight,  such 
a  proceeding  must  be  regarded  as  a  great  sin. 

For  a  violation  of  the  seal,  it  is  not  necessary  that  the  person 
with  whom  the  confessor  speaks  knows  that  he  is  making  use 
of  knowledge  gained  in  the  confessional;  it  is  enough  that  the 
confessor  should  speak  from  this  knowledge.  Nor  is  it  necessary 
that  the  person  of  the  penitent  should  actually  be  recognized 
by  him  with  whom  the  confessor  speaks;  it  suffices  that  the 
circumstances  should  be  such  that  the  identity  of  the  penitent 
emerges  sufficiently  distinct  from  what  the  confessor  says,  or 
that  the  person  of  the  penitent  may  possibly  be  recognized,  or 
that  well-founded  suspicion  could  arise.  As  the  faithful  preser- 
vation of  the  seal  is  of  the  highest  importance,  the  confessor 
must  always  be  very  careful  that  penitents  do  not  become  averse 
or  disinclined  to  the  confessional.  Nevertheless  he  is  not  bound 
to  avoid  every  trivial  danger,  and  to  anticipate  every  idle  con- 
jecture of  malicious  people.371  In  view  of  their  supreme  impor- 
tance, we  here  subjoin  a  few  cases  of  violation  of  the  seal,  as 
discussed  by  eminent  theologians. 

1.  A  priest  indirectly  violates  the  seal:  (a)  if  he  says  or 
intimates  that  he  refused  or  deferred  absolution  to  a  certain 
penitent,  because  he,  thereby,  implies  that  the  penitent  had 
confessed  a  grave  sin,  or  had  not  been  disposed;  or  if  he  says 
that  a  certain  penitent's  confession  had  not  been  finished  — 
unless  it  were  generally  known  that  this  confession  was  a  genera), 
one,  or  one  concerning  a  long  space  of  time,  so  that  there  can  be 
no  embarrassment  on  the  part  of  the  penitent.  Indeed,  Lugo 
adds  that  even  if  the  penitent  himself  were  to  say  that  he  had 

371  S.  Alph.  1.  c.  n.  6G1.     Cf.  Stotz,  1.  c.  Lib.  II.  art.  V.  s.  1-8. 


478  THE    MINISTER    OF    THE    SACRAMENT 

not  been  absolved,  the  confessor  must  not  take  the  liberty  of 
repeating  it.372.  (6)  If  he  said  of  a  notorious  thief  that  the  latter 
had  confessed  his  thefts  to  him  with  great  sorrow.  The  case^ 
would  be  different  if  without  entering  into  detail  he  were  to 
remark  that  the  same  thief  had  made  his  confession  to  him.373 
(c)  If  he  praises  excessively  some  penitent  in  comparison  with 
others  whom  he  heard  at  the  same  time,  or  says  that  he  com- 
mitted venial  sins  only,  suspicion  being  thus  easily  excited 
that  the  others  had  confessed  grave  sins.  An  exception  would 
be  if  there  were  some  particular  ground  for  so  speaking,  with- 
out offense  to  the  other  penitents,  and  without  danger  of  inju- 
rious suspicion.374  (d)  If  two  confessors,  to  whom  the  same 
penitent  had  confessed,  talk  together  concerning  his  sins,  (e)  If 
he  reproves  the  penitent  aloud,  questions  him  concerning  cir- 
cumstances of  the  sins,  so  that  bystanders  can  hear  it. 
(/)  If,  after  having  heard  the  confessions  of  some  few  penitents, 
he  should  say  that  he  had  heard  a  particular  sin  —  for  the  in- 
dividual penitents  fall  under  suspicion  of  having  committed 
this  sin.  (g)  If  he  speaks  of  sins  which  he  has  heard  in  the 
confessional  in  such  a  way  that  those  who  hear  him  can  infer 
or  conjecture  the  identity  of  those  who  committed  them,  (h)  If 
he  speaks  of  sins  learnt  outside  the  confessional,  but  adds 
a  circumstance  learnt  only  in  the  confessional,  or  makes  use  of 
knowledge  gathered  in  the  confessional  for  the  purpose  of  speci- 
fying or  corroborating  some  statement,  (i)  If,  without  the 
penitent's  permission,  he  speaks  to  him  outside  the  confessional 

372  Lugo,  1.  c.  n.  01 ;  Lacroix,  Renter,  and  Stotz,  however,  explain  the 
matter  thus  :  The  confessor  is  not  ordinarily  allowed  to  say  that  the  penitent 
had  not  been  ahsolved ;  but  if  the  penitent  were  to  say  casually,  in  presence 
of  the  confessor  and  others,  that  he  had  not  been  absolved,  permission  would 
thereby  be  given  to  the  latter  to  say  it  also ;  but  the  confessor  is  by  no  means 
allowed  to  disclose  the  reason  for  refusing  the  absolution,  if  the  indisposi- 
tion of  the  penitent  has  been  the  motive  of  it,  or  if  the  disclosure  is  in  any 
way  unpleasant  to  the  penitent. 

373  Cf.  Lugo,  1.  c.  n.  61 ;  Reuter,  1.  c.  n.  378.       374  S.  Alph.  H.  Ap.  n.  156. 


VIOLATIONS    OF    THE    SEAL  47!> 

about  his  sins  heard  in  the  confessional.  Where  the  penitent 
himself  begins,  the  confessor  may  only  speak  about  the  particular 
subject  to  which  the  penitent  confines  himself.  Likewise  if, 
after  the  confession,  the  priest's  demeanor  shows  that  he  remem- 
bers his  sins  and  esteems  him  less  highly  than  before,  (k)  If 
he  should  intimate  that  the  penitent  had  not  confessed  a  par- 
ticular sin,  because,  thereby,  suspicion  might  easily  arise  that 
he  had  actually  concealed  a  sin.375 

2.  As  a  general  rule  it  is  allowed  to  speak  vaguely  of  sins  heard 
in  the  confessional  in  such  a  manner  that  there  is  no  danger  of 
recognizing  the  person,  and  no  suspicion  is  aroused  against  any 
persons.  In  this,  however,  scandal  to  lay  people  is  to  be  care- 
fully avoided,  for  they  readily  believe  that  speech  of  this  kind 
is  a  violation  of  the  seal,  and  may,  thereby,  be  deterred  from 
approaching  the  confessional;  nor  should  one  be  too  easily 
persuaded  that  there  is  no  fear  of  any  danger  in  the  matter. 
Confessors,  therefore,  should  not  be  too  ready  to  talk  much 
about  what  they  have  heard  in  the  confessional;  for  such  talk, 
when  often  indulged  in,  is  not  quite  free  from  the  danger  of  a 
slip  beyond  what  is  permissible  and  of  awakening  suspicions 
in  the  hearers.  Indeed,  before  laymen  such  talk  must  be  alto- 
gether avoided.376 

No  violation  of  the  seal  is,  therefore,  in  question :  (a)  when 
the  confessor  says  that  "Titus  confessed  to  him";  only  Titus 
must  not  then  have  come  to  him  secretly,  for  from  this  cir- 
cumstance it  might  be  inferred  that  he  had  a  bad  conscience; 
(b)  when  he  praises  the  conscience  of  a  penitent;  but  he  must 
not,  on  account  of  possible  circumstances,  awaken  thereby  the 
suspicion  that  others,  who  confessed  to  him  at  the  same  time, 
have  bad  consciences;  for  it  might  be  that  if  he  were  questioned 
concerning  another  penitent,  he  could  not  maintain  the  same 

3"5  S.  Alph.  1.  c.  n.  657  ;  Gury,  1.  c.  nn.  665-666 ;  Ballerini,  Op.  Theol.  Mor. 
1.  c.  n.  983.     Cf.  976  ss. 

376  S.  Alph.  1.  c.  nn.  657,  638. 


430  THE    MINISTER     OF    THE    SACRAMENT 

tone  of  praise.377  (c)  If,  immediately  after  absolution,  before 
the  penitent  leaves  the  confessional,  he  speaks  to  him  of  what 
he  has  then  and  there  heard,  for  though  the  Sacrament  has  been 
administered,  the  judicial  act  still  morally  continues.378  (d)  If  he 
speaks  to  the  penitent  during  confession  of  his  sins  of  another 
confession,  for,  in  actu  confessionis,  the  penitent  has  no  right 
to  the  preservation  of  the  seal;  but  even  this  the  confessor 
should  not  do  without  reason,  for  it  is  troublesome  to  many 
penitents,  (e)  When  he  prays  for  a  penitent,  even  if  he  only 
knows  him  through  the  confessional,  or  treats  him  more  leni- 
ently (or  otherwise)  on  account  of  the  state  of  his  soul  learnt 
in  the  confessional ;  when  he  makes  use  of  knowledge  acquired 
in  the  confessional  in  order  to  ask  learned  and  experienced  con- 
fessors for  advice,379  or  to  perfect  his  own  work  in  the  confessional, 
to  be  able  to  question  better,  to  instruct  better,  and  more  effi- 
caciously to  watch  over  those  committed  to  his  charge. 

The  confessor  does  not  violate  the  seal  by  saying  that  a  cer- 
tain vice  is  prevalent  in  some  place,  town,  or  parish  when  this 
place  or  parish  is  of  considerable  size  (St.  Alphonsus  assumes 

377  S.  Alph.  H.  Ap.  n.  156. 

378  S.  Alph.  1.  c.  Lib.  VI.  u.  652. 

379  It  is  not  necessary  to  tell  those  whom  one  consults  for  advice  that  the 
case  occurred  in  the  confessional,  nor  should  the  matter  be  discussed  pub- 
licly before  many,  but  only  before  those  who  are  capable  of  giving  suitable 
advice.  Mazzotta  adds  another  notable  limitation  (Tract.  VI.  Disp.  2,  Q.  5, 
c.  2)  :  "Therefore,  let  confessors  ask  judicious  men  everywhere  for  advice 
in  cases  which  have  come  before  them  in  the  confessional,  and,  in  so  doing, 
conceal  the  name  of  the  penitent.  But  they  have  no  right  to  do  so  if  any 
suspicion  should  fall  upon  the  person  in  question,  or  were  there  even  a 
danger  of  this."  But  what  is  to  be  done  in  the  latter  case  when  the  con- 
fessor requires  advice?  Let  him  either  present  the  case  as  an  imaginary 
one,  or  let  him  request  permission  of  the  penitent  to  make  use  of  the  knowl- 
edge gained  in  the  confessional,  or  let  him  seek  a  judicious  man  to  whom 
the  penitent  is  unknown,  or  let  him  send  the  penitent  to  another  confessor. 
If  none  of  these  methods  can  be  used  without  breaking  the  seal,  let  him 
trust  to  the  divine  assistance,  employ  other  suitable  means,  —  such  as  prayer 
and  study,  —  and  then  let  him  solve  the  difficulty  himself  in  the  best  way 
he  can. 


VIOLATIONS    OF    THE    SEAL  181 

three  thousand  Catholics  as  the  population)  and  when  it  is  a 
question  of  vices  which  are  public,  and  no  new  defamation  arises. 
On  the  other  hand,  it  would  be  a  violation  of  the  seal  if  (a)  by 
this  statement  concerning  the  sins,  or  by  the  manner  of  it,  the 
parish,  etc.,  were  defamed,  and  (b),  in  any  case,  if  the  place  were 
small.  Hard  and  fast  limits  cannot  be  laid  down  to  determine 
when  a  serious  breach  of  the  seal  takes  place,  and  when  such 
revelations  would  be  quite  permissible;  each  case  must  be 
carefully  considered  and  weighed,  in  order  to  learn  if  any,  or 
a  grave,  or  only  a  slight,  violation  is  in  question.  A  preacher, 
therefore,  has  a  right  to  speak  against  vices  which  are  secretly 
very  prevalent  in  a  parish,  and  if  he  has  obtained  his  knowledge 
of  them  outside  the  confessional,  he  can  speak  of  them  with 
still  greater  freedom;  but  he  should  always  employ  a  wise  cau- 
tion, so  as  not  to  awaken  suspicions  injurious  to  those  who 
confess  to  him.380 

In  deciding  whether  violation  of  the  seal  of  the  confession  is 
committed  when  a  confessor  says  that  he  has  heard  a  grave  sin 
in  the  confessional  from  a  religious  of  some  particular  Order, 
without  designating  the  individual,  the  following  circumstances 
must  be  considered:  (a)  whether,  from  the  nature  of  the  sin 
referred  to,  defamation  of  the  Order  results  or  not;  (b)  before 
what  persons  the  statement  was  made,  as  this  circumstance  usu- 
ally determines  the  quality  of  the  defamation;  (c)  whether, 
from  the  statement  itself,  or  from  the  circumstances,  suspicion 
falls  upon  the  occupants  of  a  few  houses.  From  this  it  can  be 
inferred  if  a  grave  violation  of  the  seal,  or  a  slight  one,  or  none 
at  all,  has  taken  place;  but  it  is  very  unlikely  that  no  violation 
of  the  seal  at  all  has  been  committed  by  such  a  communication. 
The  confessor  of  a  convent  would,  accordingly,  break  the  seal, 
if,  while  preaching  in  the  convent,  he  should  signalize  a  particu- 
lar sin  of  a  nun,  or  of  that  convent,  which  he  knew  only  through 

s80  S.  Alph.  1.  c.  n.  654  ;  II.  Ap.  n.  158. 


482  THE    MINISTER    OF    THE    SACRAMENT 

the  confessional.  On  the  other  hand,  he  would  not  break  it  if 
he  were  to  speak  generally  of  defects  which  usually  occur,  or  may 
occur,  in  all  convents ;  otherwise  a  priest  who  heard  confessions 
in  a  convent  could  never  preach  there,  and  such  a  prohibition 
would  be  contrary  to  the  general  usage.381  If  the  confessor 
knows  through  the  confessional  that  snares  are  being  prepared 
for  him,  he  may,  under  some  pretext,  go  away,  or  provide  for 
his  safety,  if  by  so  doing  the  sin  confessed  does  not  become 
known,  nor  any  detriment  ensues  to  the  penitent  by  which  the 
confessional  would  be  rendered  odious;  if,  however,  he  cannot, 
without  breaking  the  seal,  escape  or  evade  the  snares  prepared 
for  him,  nor  avoid  an  objective  sacrilege,  he  must  rather  endure 
or  permit  his  death  and  the  sacrilege  than  break  the  seal.  Nev- 
ertheless, he  can,  and  must,  exhort  and  bind  the  penitent  in 
the  confessional  to  give  him  permission  to  make  use  of  this 
knowledge.382 

It  is  not  allowed  to  Superiors  to  make  use  of  knowledge  gained 
in  the  confessional  in  the  external  government  of  those  under 
them,  or  to  adopt  any  course  of  action  which  is  in  any  way 
odious  to  the  penitent,  or  which  would  make  the  confessional 
odious.  Hence  it  is  not  allowed  to  a  Superior,  in  consequence 
of  knowledge  obtained  through  the  confessional,  to  alter  an 
arrangement  which  he  has  once  made,  or  which  he  had  deter- 
mined upon  only  in  his  mind;  but  the  case  may  occur  in 
which  he  may  inform  the  penitent  in  the  confessional  that  he 
had  intended  to  make  certain  arrangements,  but  that  he  now 
begs  his  permission  to  recede  from  this  intention.383 

Accordingly,  it  is  never  allowed  to  a  confessor  to  remove  from 
his  office  a  subordinate  whom  he  knows  through  the  confes- 

381  S.  Alph.  Lib.  VI.  n.  654;  H.  Ap.  n.  157.  Cf.  Ballerim,  Notre  ad  Gury, 
II.  n.  G66,  et  Op.  Theol.  Mor.  1.  c.  n.  987  ss.,  et  Vindicise  Alphons.  Par.  V. 
Q.  24;  Lehmkuhl,  1.  c.  n.  469;  Aertnys,  1.  c.  n.  297,  Q.  II.. 

382  S.  Alph.  1.  c.  n.  659 ;  H.  A.  n.  161.     Cf.  Lugo,  1.  c. 

383  Cf.  Decret.  dementis  VIII.  26  May,  1594  et  Deer.  S.  C.  Inq.  18  Nov., 
1682  (auctor.  Innoc.  XI).     Cf.  Gury,  II.  Ed.  Ratisb.  n.  670. 


VIOLATIONS    OF    TUE    SEAL  483 

sional  to  be  unfit  for  it,  to  deprive  him  of  his  vote  at  an  election, 
to  forbid  him  the  Sacraments,  to  withdraw  from  him  any  tokens 
of  good-will  formerly  shown,  to  look  at  him  askance,  to  take 
from  him  keys  which  he  formerly  held  or  to  hide  those  which 
he  was  in  the  habit  of  leaving  about,  etc.  But  if  the  confessor 
obtained  this  information  otherwise  than  in  the  confessional, 
he  may  make  use  of  the  knowledge  otherwise  obtained;  but 
then  this  information  must  really  move  him  to  his  course  of 
action  just  as  if  he  had  had  no  knowledge  of  the  unworthiness 
of  the  subordinate  through  the  confessional.384 

Where  it  is  customary  to  give  a  ticket  to  testify  that  confes- 
sion has  been  made,  the  confessor  must  confine  himself  to  stat- 
ing merely  that  he  has  heard  the  confession,  and  he  must  not 
state  that  he  has  given  absolution  to  the  penitent";  for  if  he 
invariably  attested  that  the  penitent  had  been  absolved,  he 
would  be  committing  himself  to  a  lie,  in  cases  where  he  had  not 
absolved;  if,  again,  he  testified  to  having  absolved  those  whom 
he  had  absolved,  and  to  not  having  absolved  others  to  whom  he 
had  refused  absolution,  he  would,  indirectly,  violate  the  seal  of 
the  confessional. 

And  if  the  confessor  should  refuse  the  ticket  to  an  ill-disposed 
penitent  who  had  made  a  sacramental  confession,  he  would  also 
violate  the  seal  in  the  following  cases :  (a)  where  the  penitent 
asks  for  this  ticket  outside  the  confessional,  and  (b)  when  it  is 
given  to  all  penitents,  or  when  it  is  demanded  by  the  penitent's 
Superior,  as  at  Easter  time,  for  example.  But  if  the  penitent 
had  no  intention  at  all  of  making  a  sacramental  confession,  but 
only  made  pretense  of  confession  in  order  to  procure  his  ticket, 
for  instance,  in  order  to  escape  punishment  from  a  teacher,  or 
to  contract  a  marriage,  the  ticket  must  be  refused  to  him.385 

384  Cf.  S.  Alph.  1.  c.  mi.  656-658 ;  Ballerini,  Op.  Theol.  Mor.  1.  c.  n.  1000; 
Lugo,  1.  c.  Disp.  23,  n.  93. 

885  S.  Alph.  1.  c.  iin.  639  et  661.  Cf.  Gury,  IT.  Ed.  Ratisb.  mi.  660,  661; 
Ballerini,  Op.  Theol.  Mor.  1.  c.  n.  916;  Laymann,  De  Pa-nit.  cp.  14,  n.  8; 
Sporer,  De  Poen.  n.  839;   Lacroix,  Lib.  VI.  P.  II.  n.  1914. 


484  THE    MINISTER    OF    THE    SACRAMENT 

If  a  confessor  knows  only  through  the  confessional  the  bad 
state  of  a  man's  conscience,  he  must  not  on  that  account  refuse 
to  hear  his  confession;  he  would  only  be  allowed  to  do  so  if  he 
had  previously,  from  another  motive,  resolved  never  to  hear  his 
confession  again,  because  such  a  refusal  would  make  the  con- 
fessional odious  both  to  the  penitent  and  to  others  who  should 
come  to  hear  of  the  confessor's  behavior.388 

But  how  is  a  confessor  to  behave  who  learns  from  the  confes- 
sion of  an  unmarried  woman  who  is  near  death  that  she  is  preg- 
nant, this  fact  being  quite  unknown  to  others?  Here  may  be 
question  of  the  Baptism  of  the  child  after  the  death  of  the 
mother,  before  it  is  born.  If  a  month  has  passed  since  concep- 
tion, the  confessor  must  induce  the  penitent  to  make  known  her 
condition,  after  confession,  to  some  other  person,  to  her  mother, 
perhaps,  or  to  the  doctor  (if  the  latter  is  a  good  Catholic,  or  a 
believer)  in  order  that,  after  her  death,  the  child  may  be  at  once 
brought  into  the  world  and  baptized;  for  she  must  prefer  the 
Baptism  of  the  child,  as  a  higher  good,  to  her  own  reputation. 
If  she  refuses  to  disclose  the  matter,  the  confessor  should  induce 
her  to  communicate  it  to  him  outside  confession,  in  order  that 
he  may  inform  her  parents  and  the  doctor  of  it  after  her  death. 
But  here  great  caution  is  necessary,  lest  others  should  be  led  to 
believe  that  he  is  breaking  the  seal.  Hence  he  should  persuade 
the  sick  person  to  make  a  written  statement  of  the  case,  if  she 
is  able  to  do  so,  or  he  can  do  it  for  her ;  she  should  then  give  it 
sealed  to  a  third  person  who  is  to  open  it  immediately  after  her 
death. 

If  she  will  not  consent  to  this  plan,  the  confessor  should  ab- 
stain from  pressing  her  great  responsibility  in  case  she  should 
be  invincibiliter  ignorant  of  it,  or,  perhaps,  be  persuaded  that 
the  foetus  will  not  survive  her;  for  otherwise,  in  his  endeavor 
to  save  the  soul  of  the  foetus,  he  would  incur  the  risk  of  ruining 


386 


S.  Alph.  1.  c.  n.  659;  II.  A.  n.  100.     Cf.  Ballerini,  1.  c.  n.  1012  ss. 


VIOLATIONS    OF    THE    SEAL  485 

both  souls,  that  of  the  mother  and  that  of  the  child.  But  abso- 
lution can  be  given  to  the  sick  person  unless  she  is  undoubtedly 
ill  disposed  —  which  will  seldom  be  the  case.  Finalty,  if  the 
confessor  knows  the  condition  of  the  sick  person  only  through 
the  confessional  and  cannot  obtain  her  permission  to  make  it 
known,  he  must  maintain  perpetual  silence,  come  what  may. 
For  the  duty  of  the  seal  does  not  cease  with  the  life  of  the  peni- 
tent.387 

As  the  binding  force  of  the  seal  exists  only  for  the  benefit  of 
the  penitent,  the  penitent  may  cancel  or  modify  this  obligation, 
but  he  alone  has  this  power.  This  permission  must,  however, 
be  given  quite  voluntarily.  If  the  penitent  has  thus  given  per- 
mission to  break  the  seal  in  some  point,  this  permission  does 
not  extend  to  the  revelation  of  his  accomplices  and  others;  the 
law  of  universal  charity  and  of  justice  (for  instance,  preserva- 
tion of  a  good  name)  still  remains  intact,  and  binds  the  more 
strictly  the  more  probability  there  is  of  the  Sacrament  being 
made  odious  by  any  suspicion. 

887  Cf.  Theol.  Mechlin,  n.  117,  Q.  3;  Aertnys,  1.  c.  n.  297,  Q.  9. 


Section  III 

THE    DUTIES    OF    THE    CONFESSOR    TOWARD    DIFFERENT    CLASSES 

OF    PENITENTS 

Having  considered  in  the  foregoing  sections  the  essential  and 
accidental  duties  of  the  confessor  in  general,  it  remains  to  be 
shown  how  these  duties  are  to  be  performed  in  concrete  cases. 
Penitents,  not  being  of  one  type,  require  treatment  according  to 
their  intellectual  development,  their  moral  constitution,  and 
their  natural  dispositions,  their  station  and  circumstances  of 
life.  On  account  of  the  difficulties  which  beset  confessors  in 
dealing  with  these  different  classes  of  penitents,  we  propose  to 
give  some  practical  suggestions.  We  shall  treat  of  persons 
placed  in  peculiar  spiritual  conditions,  persons  in  different  ex- 
ternal circumstances,  and  persons  who  on  account  of  the  great 
danger  of  their  salvation  call  for  special  care. 


486 


CHAPTER  I 

THE    TREATMENT    OF    PENITENTS    IN    DIFFERENT    SPIRITUAL 

CONDITIONS 

Sinful  habits,  and  the  immediate  occasions  of  sin,  are  the 
nets  with  which  the  arch-enemy  of  mankind  ensnares  and  holds 
innumerable  souls.  Especially  in  our  own  times  have  the  occa- 
sions of  sin  become  more  numerous  and  dangerous,  and  careless- 
ness with  regard  to  them  has  increased.  Many  souls  are  thus 
lost !  The  more  alarming  this  condition  proves,  the  more  should 
the  priest  be  animated  by  zeal  to  prevent  its  fatal  consequences. 
This  requires  great  prudence  and  sound  knowledge.  For  this 
prudenCe  the  priest  must  continually  pray  and  consult  wise  and 
approved  teachers.  St.  Alphonsus  is  recognized  by  all  as  a 
most  safe  guide  amongst  these  teachers ;  for  this  eminent  Doc- 
tor has  been  given  to  the  Church  by  divine  Providence  in  our 
days,  that  he  might  show  us  the  middle  path  between  opin- 
ions which  are  either  too  lax  or  too  strict.388 

Article   I 

63.   Sinful  Occasions  and  the  Duty  of  avoiding  them. 

By  "occasion  of  sin"  (occasio  peccandi)  we  mean,  in  general,  a 
person,  or  some  external  object  constituting  for  any  one  a  dan- 
ger of  sinning.  It  comprises  two  elements:  an  external  object 
which  incites  to  sin,  and  an  internal  inclination  to  sin. 

388  Cf.  Aertnys,  Tract.  De  praxi  servanda  cum  occasionariis  et  recidivis 
Theol.  Mor.  II.  Appendix,  on.  298-350. 

487 


488  THE    MINISTER    OF    THE    SACRAMENT 

For  a  right  understanding,  we  must  distinguish  between  the 
danger  and  the  occasion  of  sinning.389 

Danger  is  the  impulse  to  sin,  and  if  this  impulse  proceeds 
from  a  person  or  an  external  object,  this  person,  or  this  external 
object,  is  called  an  occasion  of  sin;  but  if  the  impulse  to  sin 
comes  from  within  only,  namely  from  the  devil  or  in  consequence 
of  a  sinful  habit,  it  is  called  simply  danger.390  There  is  a  danger  in 
every  occasion  but  not  every  danger  proceeds  from  an  external 
occasion  of  sin. 

1.  The  occasion  of  sin  is  either  immediate  (proximo)  or  remote 
(remota),  according  as  the  danger  of  sinning  is  great  and  prob- 
able, or  slight.  The  immediate  occasion  is  "absolutely  immedi- 
ate," when  for  the  generality  of  mankind  it  presents  a  serious 
and  probable  danger  of  sinning;  or  it  is  "relatively  immediate" 
when  the  danger  exists  for  some  individual  person  on  account 
of  his  particular  disposition.  A  per  se  proximo,  occasio  may, 
therefore,  be  remota  for  a  very  pious  and  prudent  man,  whereas 
an  occasion  per  se  remota  may  be  for  a  weak  person  and  one 
much  inclined  to  sin  proximo-. 

The  existence  of  an  occasio  proximo  may  be  inferred:  (1)  a 
posteriori  from  a  sad  experience  that  the  person  did,  in  fact, 
generally,  or  at  least  often,  fall  into  sin  whenever  the  occasion 
presented  itself.  If,  however,  his  trespasses  were  notably  less 
numerous  than  his  victories,  the  occasion  cannot  be  called  an  im- 
mediate one.391     (2)   A  priori,  from  the  attraction  of  the  object, 

389  Cf.  Aertnys,  Theol.  Mor.  Append,  (ut  supra  cit.).  Ballerini,  Opus 
Theol.  Moral.  Tom.  V.  n.  167  ss. ;  Notse  ad  Gury,  II.  n.  628  ss. ;  Lehmkuhl, 
1.  c.  n.  485  ss.;  Marc,  Inst.  Mor.  Tract.  V.  Dissert.  III.  n.  1818  ss. 

390  Some  theologians  call  that  which  incites  to  sin  from  within  the  "  in- 
terior occasion,"  but,  generally,  only  a  person  or  external  object  is  denned 
as  occasio. 

391  Cf .  Ballerini,  Notse  ad  Gury,  II.  n.  628,  et  Opus  Theol.  Moral.  Tom.  V. 
n.  167.  Theologians  do  not  agree  in  defining  the  occasio  proxima.  Depart- 
ing from  the  above  definition,  some  teach  —  and  in  this  they  are  in  accord- 
ance with  St.  Alphonsus  —  that,  "  to  constitute  the  occasio  proxima,  it  is  not 
necessary  that  a  person  should,  fere  semper  aut  frequehtius,  sin  in  that  occa- 


SINFUL    OCCASIONS  AND   DUTY  OF  AVOIDING    THEM     489 

from  tin1  weakness  of  the  person,  from  his  passion,  from  a  sinful 
habit,  from  the  violence  of  the  temptation  to  which  he  is  ex- 
posed in  this  occasion.  Although  sin  has  not  yet  been  com- 
mitted, there  is  always  great  danger  in  presumptuously  exposing 
one's  self  to  violent  temptation.392 

It  may  be  assumed  that  an  occasio  proximo,  has  become  remota: 
(1)  when  it  is  known  from  experience  that  the  sins  have  become 
less,  and  are  no  longer  frequent;  (2)  when  some  circumstance 
has  supervened  which  has  caused  the  danger  to  be  no  longer  a 
great  one,  such  as  a  marriage,  a  quarrel,  etc. 

2.  Furthermore,  the  occasion  is  continua,  continual,  seu  in 
esse,  or,  with  interruptions,  interrupta,  non  continua,  non  in  esse. 
It  is  present  interruptedly,  when  one  is  not  always  exposed  to 
it,  but  only  occasionally,  for  instance  in  visits  to  dancing 
rooms,  inns,  etc. ;  it  is  present  continuously  when  one  is 
always,  uninterruptedly  exposed  to  it;  for  instance,  in  the 
case  of  a  concubine  or  a  servant  living  in  the  same  house  and 

sion,  but  that  it  suffices  if  he  of  ten,  frequenter,  falls,  as  frequens  lapsus  in  the 
past  makes  a  fall  in  the  future  probable."  Aertnys,  1.  c.  n.  802,  Q.  1 ;  Marc, 
1.  c.  n.  1820;  Berardi,  De  occas.  n.  13.  The  frequenlia  lapsuum  is  either  rela- 
tira  or  absoluta.  Relative  frequency  is  reckoned  according  to  the  number 
of  cases  in  which  the  person  has  been  exposed  to  the  occasion ;  so  it  would 
be,  for  instance,  an  occasio  proximo  if  in  twelve  visits  a  person  has  sinned 
five  or  six  times.  Similarly,  if  a  man  should  visit  a  woman  only  tln-ee  or 
four  times  in  two  years,  and  generally  sinned  with  her;  or  when  the  visit 
took  place  only  once  a  year  during  three  years  and  each  time  sin  was  com- 
mitted. On  the  other  hand,  the  frequency  is  absolute  when  the  number  of 
cases  is,  in  itself,  considerable ;  for  instance,  if  two  persons  meet  every  Sun- 
day, and  sin  ten  or  twelve  times  in  the  year.  However,  this  stricter  defini- 
tion does  not  seem  to  be  that  of  St.  Alphonsus;  at  least  he  defines  the  occasio 
proxima  in  two  passages  of  his  works  (Homo  Apost.  Tr.  ult.  n.  1,  and  Theol. 
Mor.  Lib.  VI.  n.  452)  as  that  in  qua  communiter  ut  plurimum  deficiunt,  while 
into  one  definition  he  also  introduces  the  frequenter  peccare  in  contrast  to 
frequentius.  According  to  Ballerini  these  conflicting  passages  may  be  recon- 
ciled with  each  other,  and  Lugo's  definition  is,  he  says,  the  basis  of  the 
agreement  :  that  constitutes  an  immediate  occasion  of  which  a  man  never, 
or  scarcely  ever,  consideratis  circumstantiis  makes  use  without  sinning.  Lugo, 
De  Poenit.  Disp.  14,  n.  149.  Cf.  Vindic.  Alph.  n.  140,  p.  942. 
■■■■•■■-  Cf.  Reuter,  Neo-Confess.  n.  168. 


490  THE    MINISTER    OF    THE    SACRAMENT 

with  whom  one  is  accustomed  to  sin;  an  obscene  statue  in 
one's  room. 

3.  Again,  the  immediate  occasion  is  voluntary  (voluntaria) , 
which  can  easily,  and  without  much  detriment,  be  given  up; 
and  necessary  (necessaria)  which  the  person  cannot,  even  if  he 
will,  remove  or  relinquish.  The  necessary  occasion  is  either 
physically  or  morally  necessary;  physically,  when  the  person 
absolutely  cannot  remove  it ;  morally,  when  it  cannot  be  aban- 
doned or  avoided  without  sin,  or  great  scandal,  or  great  detri- 
ment to  honor,  or  property,  or  without  placing  one's  self  in  a 
similar  or  worse  danger  of  sin. 

The  following  principles  are  to  be  laid  down  respecting  the 
duty  of  avoiding  the  occasions  of  sin :  — 

I.  The  duty  of  avoiding  mortal  sin  imposes  upon  us  the  strict 
duty  of  avoiding  also  the  immediate  danger  of  mortal  sin. 

He  who  is  bound  under  grave  sin  to  reach  a  certain  end  is  also 
bound  under  grave  sin  to  employ  the  means  without  which  this 
end  cannot  be  reached;  but  flight  from  the  immediate  occasion 
of  sin  is  the  morally  necessary  means  of  avoiding  sin,  conse- 
quently this  immediate  danger  must  be  avoided.  Further,  as  a 
man  is  bound  by  love  for  his  own  person  not  to  expose  his  bod- 
ily life  voluntarily  to  the  danger  of  death,  he  is,  a  fortiori,  bound 
by  the  law  of  charity  not  to  expose  his  supernatural  life  volun- 
tarily to  the  danger  of  death,  that  is,  the  danger  of  mortal  sin. 
It  is,  therefore,  in  re  morali,  a  sin  of  the  same  kind  to  place  one's 
self  in  an  immediate  occasion  of  sin,  or  to  desire  and  commit  the 
sin.  It  follows  from  this  that  a  man  sins  grievously  as  often  as 
he  exposes  himself  without  necessity  to  the  immediate  occasion 
of  sin,  even  if  he  does  not  actually  sin  in  this  occasion.  On  the 
other  hand,  it  is  no  sin  to  expose  one's  self  to  a  remote  danger 
of  sinning  if  there  is  a  reason  for  so  doing,  or  if  precautionary 
measures  are  taken.     For  such  danger  can  be  easily  overcome.393 

393  Cf.  S.  Alpli.  Lib.  V.  ti.  m ;  Lugo,  De  Pcenit.  Disp.  14,  n.  157 ;  Sanchez, 
Decal.  Lib.  I.  cp.  8,  n.  4. 


SINFUL    OCCASIONS  AND  DUTY  OF  AVOIDING    THEM     491 

II.  It  is  allowed,  in  case  of  moral  necessity,  to  expose  one's 
self  to  the  immediate  occasion  of  sin;  only  suitable  means  must 
then  be  employed  to  protect  one's  self  against  the  danger.  In 
this  case  one  does  not  love  the  danger,  but  incurs  it  unwillingly, 
and  if  a  man  strengthens  himself  by  firm  resolutions,  prayer,  etc., 
God  will  not  suffer  him  to  fall  into  sin,  and  in  this  manner  the 
danger  becomes  a  remote  one.  From  this  it  results  that  a  man 
is  always  bound  to  avoid  formal  danger  either  by  flight  or  by 
precautionary  measures.394 

III.  From  the  duty  to  avoid  the  risk  of  sinning  results  the 
duty  to  avoid  the  immediate  occasions  of  sinning  as  these  imply  an 
immediate  danger  of  sinning.  This  same  conclusion,  moreover, 
follows  from  two  propositions  condemned  by  Innocent  XI : 
"The  immediate  occasion  of  sinning  is  not  to  be  avoided  when 
there  is  any  causa  utilis  aut  honesta  for  not  avoiding  it"  (Prop. 
62).  "It  is  permissible  to  seek  directly  an  immediate  occasion 
of  sinning  pro  bono  spirituali  vel  temporali  nostro  vel  proximi" 
(Prop.  3). 

On  the  other  hand,  this  obligation  is  not  incumbent  in  respect 
to  remote  occasions,  because  they  do  not  present  an  immediate 
danger  of  sinning,  and  because  it  is,  for  the  most  part,  morally 
impossible  to  avoid  all  these  occasions;  we  should  be  obliged 
simply  to  leave  the  world,  as  the  Apostle  says  (1  Cor.  v.  10),  for 
they  occur  in  all  circumstances. 

But  it  must  here  be  observed  that  the  occasions  of  sin  may 
be  avoided  in  two  ways,  according  to  the  nature  of  the  occasion. 
As  this  consists  in  an  external  object  and  an  interior  inclination 
to  sin,  occasions  can  be  avoided:  (1)  physically  or  materially 
by  separation  from  the  external  object,  and  (2)  morally,  or  for- 
mally, when  the  danger  is  neutralized  by  other  means  which 
weaken  the  interior  inclination  without  physical  separation. 
The  first  method  must  come  into  operation  in  cases  of  voluntary 

894  S.  Alph.  1.  c.  Lib.  V.  n.  63. 


492  THE    MINISTER    OF    THE    SACRAMENT 

occasion,  for  he  who  wishes  to  remain  in  immediate  occasion  of 
sin  has  no  real  intention  of  avoiding  sin.  And  when  it  is  a 
question  of  a  really  voluntary  immediate  occasion,  where  there 
is  frequent  sinning,  or  violent  passion,  or  a  sinful  habit,  or  great 
incitement  to  sin,  no  success  is  to  be  hoped  without  separation, 
nor  will  the  use  of  remedies  convert  the  immediate  into  a  remote 
occasion.  For  a  great  temptation  cannot  be  overcome  without 
the  help  of  God's  grace,  but  God  does  not  assist  those  who  pre- 
sumptuously expose  themselves  to  temptation  —  as  experience 
often  shows.  This  is  especially  true  of  the  immediate  voluntary 
occasions  of  sin  against  purity.395  The  second  method  suffices  in 
the  case  of  the  necessary  occasion,  for  he  who  through  necessity 
remains  in  a  danger  of  sin,  may  hope  for  the  divine  help  to 
avoid  sin. 

From  this  consideration  we  deduce  the  following  rules :  — 

1.  An  occasio  proximo,  libera  of  grave  sin,  whether  absolute  or 
relative  proxima,  must  absolutely  be  avoided;  to  remain  volun- 
tarily in  such  occasion  or  to  seek  it  is  itself  a  grave  sin. 

2.  It  is  absolutely  necessary  to  avoid  or  remove  an  occasio 
proxima  necessaria;  but  for  him  who  finds  himself  in  it  there 
exists  a  disjunctive  duty,  either  of  employing  suitable  means  of 
reducing  it  to  a  remote  occasion,  or  of  removing  it  in  spite  of 
all  difficulties  and  obstacles. 

3.  Not  to  remove  a  remote  occasion,  even  when  there  is  no 
particular  reason  for  exposing  one's  self  to  it,  is,  of  itself,  no 
grave  sin;  but  this  occasion  must  remain  a  remote  one,  and  he 
who  finds  himself  exposed  to  it  must  be  resolved  to  avoid  the 
temptations  possibly  arising  from  it.  For  it  is  sometimes  possi- 
ble to  foresee  that  what  is  now  a  remote  danger  will  very  soon 
become  a  grave  and  immediate  danger;  in  this  case  it  is  the 
confessor's  duty  to  cut  off  such  an  occasion  and  to  forbid  it  to 
the  penitent  lest  he  fall  into  formal  sin.     And  when,  on  the 

395  Cf.  S.  Thomas,  Summ.  Theol.  II.  II.  Q.  154,  art.  3,  ad  1. 


PENITENTS    IN    PROXIMATE    OCCASION    OF    SIN        493 

contrary,  the  danger  of  a  certain  sin  is  very  remote  and,  in  addi- 
tion, there  is  a  steadfast  intention  not  to  sin,  the  virtue  to  which 
that  sin  is  opposed  does  not  seem  to  suffer,  even  when  this  risk 
is  incurred  without  cause.  If  the  danger  is  in  any  way  consid- 
erable, and  it  is  incurred  without  cause,  the  virtue  suffers;  in  a 
case  of  immediate  danger  of  sin  this  is  certainly  the  case.390  But 
the  venial  sin  which  a  man  commits  who  is  careless  about  keep- 
ing from  a  remote  occasion  increases  in  gravity  in  proportion  to 
the  danger.  If  a  man  exposes  himself  to  the  danger  which  such 
an  occasion  offers  from  a  more  or  less  weighty  motive,  he  com- 
mits no  sin  at  all,  provided  his  resolution  not  to  sin  remains  firm. 
4.  If  danger  of  venial  sin  is  to  be  apprehended,  he  who  pre- 
sumptuously exposes  himself  to  it  commits  a  venial  sin ;  but  if 
the  danger  of  venial  sin  proceeds  from  an  action  in  se  commend- 
able and  useful,  this  character  of  the  action  is  sufficient  ground 
for  lawfully  undertaking  it;  indeed,  we  ought  to  disregard  the 
danger  in  a  case  of  this  kind,  at  the  same  time  insuring  our- 
selves against  sin  by  employing  preventive  measures.  If  we  did 
not  adopt  this  counsel,  innumerable  actions  which  are  useful 
would  remain  unperformed  out  of  fear  of  sin,  and  this  would  be- 
speak timidity  rather  than  prudence  and  conscientiousness.  On 
the  other  hand,  it  is  a  mark  of  wisdom  and  zeal  for  perfection 
to  avoid  useless  actions  which,  ex  se,  cannot  be  done  without 
venial  sin,  and  to  avoid  them  the  more  because  they  may  lead 
to  other  venial  sins.397 

64.   The  Duties  of  the  Confessor  toward  Penitents  who  are  in 
Occasione  Proxima  Voluntaria. 

Upon  the  foregoing  explanations  are  based  the  following  rules, 
according  to  which  the  confessor  has  to  proceed  with  penitents 
in  occasione  proxima  libera :  — 

896  Lehmkuhl,  1.  c.  n.  486. 

*>7  Cf.  Lehmkuhl,  n.  486,  IV;  Ballerini,  Opus  Theol.  Mor.  Tom.  V.  Tract. 
X.  Sect.  V.  n.  172. 


494  THE    MINISTER    OF    THE    SACRAMENT 

I.  Penitents  who  are  in  occasione  continua  cannot,  as  a  rule, 
be  absolved,  even  the  first  time,  before  they  have  given  up  that 
which  constitutes  the  occasion,  however  much  they  may  promise 
to  do  so.  For  so  long  as  a  penitent  remains  under  the  influ- 
ence of  this  occasion,  he  is  in  immediate  danger  of  breaking  his 
resolution  to  abandon  it,  as  its  removal,  after  an  attachment 
to  it  has  been  formed  and  its  fascination  experienced,  is  very 
difficult  and  demands  great  self-command ;  so  that  there  is  rea- 
son for  fearing  that  the  presence  of  the  sinful  object  will  again 
enslave  the  penitent.  Hence,  the  penitent  who  knows  this  and 
would,  nevertheless,  expose  himself  to  the  danger  of  breaking  his 
resolution,  must  be  regarded  as  not  disposed,  and  the  confessor 
who  indulges  him  sins  against  his  duty  as  judge  by  absolving 
an  ill-disposed  penitent,  and  also  against  his  duty  as  physician 
of  the  soul  by  not  applying  the  necessary  means  of  amendment.3'18 

To  this  rule  there  are,  however,  some  exceptions,  though  in 
every  case  the  penitent  must  faithfully  promise  to  remove  trie 
occasion  as  soon  as  possible :  — 

1.  When  the  penitent  shows  signs  of  extraordinary  sorrow 
and  firmness  of  purpose,  thus  giving  hope  that  he  will  carry  out 
his  resolutions  faithfully. 

2.  When  the  occasion  is  such  that  the  penitent  can  give  it  up 
without  doing  great  violence  to  himself. 

3.  When  there  is  a  solid  reason  for  administering  absolution 
at  once;  for  it  is  allowed,  where  such  reason  exists,  and  if  the 
necessary  cautions  are  employed,  to  expose  one's  self  and  an- 
other to  a  clanger  which  then  becomes  a  remote  one;  and  if  the 
penitent  must  receive  absolution  before  he  can  remove  the  occa- 
sion, he  is  to  be  regarded  as  one  in  occasione  necessaria,  and  he 
has  a  right,  therefore,  to  immediate  absolution.  The  following 
are  held  to  be  sufficient  reasons:  (a)  Danger  of  death;  that  is, 
when  the  penitent  is  in  danger  of  death  and  the  occasion  cannot 


398 


Cf.  S.  Alph.  Lib.  VI.  n.  454.     Prax.  Conf.  n.  66. 


PENITENTS    IN    PROXIMATE    OCCASION    OF    SIN       495 

be  removed  at  once  for  want  of  time,  or  because  great  disgrace 
or  scandal  is  to  be  feared,  (b)  Difficulty  in  going  to  the  same 
confessor  again;  if  this  is  the  case,  or  if  the  penitent  could  not 
return  till  after  a  long  time,  nor  repeat  the  confession  to  another 
confessor  except  under  great  difficulties,  he  may  also  be  absolved 
before  giving  up  the  occasion.  This  holds  good  when  the  peni- 
tent confesses  at  a  place  far  removed  from  his  own  domicile,  so 
that  it  would  be  very  difficult  for  him  to  go  to  the  confessor 
again,  (c)  Danger  of  disgrace,  if,  on  the  same  day  or  the  follow- 
ing, he  were  obliged  to  contract  a  marriage,  or  receive  holy  com- 
munion, and  could  not  withdraw  without  great  disgrace.  The 
case  is  similar  if  one  confesses  during  the  time  of  a  mission,  and 
cannot  during  this  time  remove  the  occasion  without  incurring 
infamy,  as  is  frequently  the  case.  Here  the  confessor  may  con- 
tent himself  with  the  removal  of  the  occasion  some  weeks  after 
the  mission,  but  he  must  demand  that  the  penitent  should  take 
the  preliminary  steps  towards  this  at  once  if  it  can  be  done. 
(d)  Danger  of  spiritual  injury;  that  is,  when  the  confessor  has 
grounds  for  fearing  that,  on  account  of  the  postponement  of 
absolution,  the  penitent  would  be  estranged  from  the  confes- 
sional and  perish  in  his  sins ;  in  this  case,  postponement  of  abso- 
lution would  rather  increase  the  danger  of  not  being  faithful  to 
his  resolution. 

In  the  above-named  cases  the  confessor  would  be  obliged  to 
explain  to  the  penitent  that  he  must  not  hope  to  receive  abso- 
lution in  the  future  if  he  does  not  keep  his  promise.399 

II.  Those  penitents  who  are  in  occasione  interrupta  can  be 
absolved  aliquoties  (two  or  three  times)  before  they  have  aban- 
doned the  occasion  if  the)-  seriously  promise  to  do  so.  They  do 
not  live  actu  in  the  occasion,  and  their  resolution  not  to  seek  the 

399  Cf.  S.  Alph.  1.  c.  Lib.  VT.  n.  \'<\  ;  Prax.  Conf.  nn.  07,  OS;  Berardi,  1.  c. 
nn.  44,  45,  49,  .")0;  S.  Leonard  a  Port-Maur.  Disc.  mist.  n.  22.  Cf.  Proposit. 
61  damn,  ab  Iunoc.  XT  et  Proposit.  41  damn,  ab  Alex.  VII;  Aertnys,  1.  c. 
n.  306,  III. 


4D6  THE    MINISTER    OF    THE    SACRAMENT 

occasion  may,  therefore,  be  regarded  as  a  firm  one;  but  the 
confessor  must  urge  them  to  abandon  the  occasion. 

If  the  penitent  does  not  subsequently  amend,  absolution  must 
be  deferred  till  he  has  really  abandoned  the  occasion.  As  he 
could  easily  give  up  the  occasion,  and  does  not  do  so,  according 
to  his  promise,  doubts  as  to  the  firmness  of  his  resolution  arise; 
extraordinary  signs  of  good  dispositions  would,  however,  remove 
these  doubts. 

If  the  penitent  shows  some  improvement,  although  he  has  not 
yet  completely  given  up  the  occasion,  and  if  it  is  to  be  feared 
that  deferring  absolution  would  do  more  harm  than  good  to  the 
penitent,  he  may  be  absolved,  seeing  that  his  improvement  in- 
dicates a  firm  resolve  and  preludes  complete  amendment.400 

III.  Penitents  who  have  relapsed  into  an  occasio  continua,  that 
is,  those  who  have  not  kept  their  promise  to  remove  the  occasion, 
cannot  be  absolved  unless  they  prove  their  worthiness  by  some 
extraordinary  sign.  But  even  in  the  latter  case,  that  is,  when 
these  penitents  give  extraordinary  signs  of  their  good  disposi- 
tions, the  confessor  where  it  seems  feasible  and  useful  may  defer 
their  absolution  ex  officio  medici  till  they  have  removed  the 
occasion.401 

65.   The  Duties  of  the  Confessor  toward  Penitents  who  are 
in  Occasione  Necessaria. 

The  following  are  the  rules  for  the  treatment  of  this  very 
numerous  class  of  penitents :  — 

I.  Penitents  who  are  in  occasione  proximo,  necessaria  can  be 
absolved  without  giving  up  the  occasion  if  they  are  disposed 
and  are  willing  to  adopt  means  of  amendment.  "For,"  as  St. 
Alphonsus  says,  "an  opportunity  of  sinning  is  really,  in  se,  no 
sin,  and  induces  no  necessity  of  sinning ;  true  sorrow  and  a  firm 

400  S.  Alph.  1.  c.  n.  454.     Prax.  Conf.  n.  66. 

401  S.  Alph.  1.  c.  mi.  456,  463,  464  ;  Prax.  Conf.  n.  69  ;  Berardi,  1.  c.  nn.  53, 
54;  Aertnys,  1.  c.  n.  306,  IV.  V. 


PEXITEXTS     IX    XECESSAliY    OCCASION    OF    SIX         497 

purpose  not  to  relapse  may,  therefore,  he  quite  consistent  with 
an  occasion;  and  although  it  is  right  that  every  one  should  be 
bound  to  remove  the  immediate  occasion  of  sin,  this  simply 
means  that  no  one  may  expose  himself  voluntarily  to  such  risks. 
But  if  the  occasion  is  necessary,  the  danger  becomes,  by  the 
application  of  remedies,  a  remote  one,  and  God  does  not  with- 
draw the  helps  of  His  grace  from  him  who  is  firmly  resolved 
not  to  offend  Him."  402 

II.  If  penitents  who  live  in  occasione  proximo,  necessaria  have 
relapsed,  that  is,  have  not  employed  the  means  prescribed  by 
the  confessor,  absolution  must  be  deferred  till  they  have  amended, 
unless  they  remove  all  doubts  about  their  disposition  by  some 
extraordinary  sign.403  But  how  are  penitents  to  be  dealt  with 
who  have  employed  the  means  prescribed  but  yet  have  relapsed 
in  the  same  way  ? 

While  many  theologians  believe  that  such  persons  can  be 
absolved  (and  that  Mies  quoties)  if  they  seriously  promise  amend- 
ment, St.  Alphonsus  teaches  (maintaining  that  this  is  the  sen- 
tentia  verior  et  communis)  that  they  must  give  up  the  occasion 
before  they  can  be  absolved,  even  if  they  suffer  thereby  great 
injury  or  detriment  (etiam,  si  opus  sit,  cum  jactura  vitce),  provided 
that,  after  many  attempts,  there  is  no  improvement  and  no  probable 
hope  of  improvement.  For  in  this  case  (he  says)  the  danger  of 
sin  remains  a  formal  one  and  cannot  be  separated  from  a  sin. 
Physical  separation  from  the  occasion  is,  therefore  (he  contin- 
ues), the  only  means  of  salvation,  and  the  words  of  Christ  are 
binding:  "If  thy  eye  scandalize  thee,  pluck  it  out,  and  cast  it 
from  thee;  for  it  is  better  to  enter  into  life  with  one  eye  than 
in  possession  of  both  eyes,  to  be  cast  into  hell  fire."  (Matt,  xviii. 
9.)  "What  doth  it  profit  a  man  if  he  gain  the  whole  world,  but 
suffer  the  loss  of  his  own  soul?"  (Matt.  xvi.  26.)  The  holy 
Doctor  excepts  the  case  in  which  the  penitent  gives  such  extraor- 

402  S.  Alph.  II.  Ap.  Tr.  ult.  n.  6.     Cf.  Ballerini,  Opus  Theol.  Mor.  n.  185. 

403  S.  Alph.  1.  c.  n.  450. 


498  THE    MINISTER    OF    THE    SACRAMENT 

dinary  signs  of  repentance  that  improvement  can  be  reason- 
ably hoped  for.404  Ballerini,  however,  urges  the  possibility  of 
supposing  that  in  the  case  of  such  penitents  there  is  something 
more  in  question  than  the  want  of  the  necessary  dispositions, 
namely,  that  the  means  prescribed  and  employed  were  not  the 
right  ones,  and,  therefore,  that  others  should  be  prescribed. 
This,  he  says,  is  not  to  be  understood  of  the  general  means  sim- 
ply, such  as  prayer  and  other  pious  exercises,  almsgiving,  and 
abstinence,  and  frequent  reception  of  the  holy  Sacraments,  etc., 
but  much  more  of  the  special  means  which  are  adapted  to  over- 
come temptations  and  dangers,  and  which  are  to  be  determined 
according  to  circumstances ;  for  if  these  were  faithfully  employed, 
they  would  make  relapse  morally  impossible,  especially  when 
external  sins  were  in  question;  for  instance,  avoiding  of  inter- 
course solius  cum  sola. 

Ballerini  urges,  moreover,  that,  ex  lege  natune,  the  penitent 
is,  indeed,  bound  to  avoid  the  immediate  danger,  but  this  can 
be  done  in  two  ways,  by  employing  suitable  means  by  which 
the  danger  becomes  a  remote  one,  or  by  removing  or  avoiding  the 
occasion ;  but  the  penitent,  he  says,  is  bound  to  only  one  of  the 
two  ex  lege  naturcc;  with  what  right,  therefore,  can  the  confessor 
bind  the  penitent  to  the  one  more  than  to  the  other?  Nor  must 
we  impose  upon  the  penitent  what  is  too  difficult,  indeed,  in 
many  cases  morally  impossible.  Moreover,  if  the  confessor 
is  obliged  to  choose  that  course  which  removes  the  penitent 
from  the  danger  of  sinning,  he  will  certainly  never  choose  that 
means  through  which  the  penitent  will  certainly  sin  by  refusing 
to  make  use  of  it.  Another  way  is  also  open  to  the  confessor, 
without  insisting  on  this  indiscreet  obligation,  namely,  to  defer 
absolution  sometimes  till  the  penitent  has  employed  the  suit- 
able remedies  with  successful  results.  But  in  this  case  it  is  to 
be  observed  that  complete  amendment  is  not  necessary  in  order 

404  Cf.  S.  Alph.  1.  c.  nn.  45G,  457;  IT.  Ap.  Tr.  ult.  n.  7;  Prax.  Conf.  n.  G9. 
Cf.  Lugo,  De  Poenit.  Disp.  11,  n.  156  ss. 


PENITENTS    IN    NECESSARY     OCCASION    OF    SIN       499 

that  absolution  may  be  given.  It  suffices  that  the  number  of 
sins  should  indicate  that  it  can  be  truly  said  that  the  occasion 
is  no  longer  immediate.405 

"To  put  it  in  a  few  words,  there  is  no  need  to  deal  with  these 
penitents  otherwise  than  with  those  who  have  contracted  sinful 
habits.  I  will  only  add  one  remark,  that  if  the  confessor  is 
harsh,  strictly  demanding  the  more  difficult  step,  the  only  result 
will  be  that  the  penitent  will  become  more  entangled  in  sin;  on 
the  other  hand,  mildness  and  patience  will  at  least  save  him 
from  complete  ruin;  thus  theologians  speak  of  the  confessions 
of  a  meretrix,  a  usurer,  or  of  any  other  penitent  who  is  not  suffi- 
ciently disposed,  but  has  a  desire  to  amend."  40° 

As  to  the  remedies  for  penitents  in  occasione  necessaria,  the 
confessor  must  endeavor  :  — 

1.  To  lessen  the  power  of  the  sinful  occasion.  A  few  resolute 
and  boldly  spoken  words,  a  serious  threat,  or  rebuke,  a  cry  for 
help,  a  complaint  at  the  proper  place,  will  often  suffice  to  dis- 
courage an  insolent  tempter  and  prevent  any  further  annoy- 
ance. The  confessor  must,  moreover,  require  that  the  penitent 
should  no  longer  associate  solus  cum  sola,  that  he  should  shun 
all  intimacy,  and,  as  far  as  is  possible,  avoid  even  the  sight  of 
the  complex  and  give  up  speaking  and  thinking  of  her,  etc. 

2.  To  lessen  the  power  of  the  passion,  —  by  work,  fasting,  and 
exercises  of  penance. 

3.  To  increase  spiritual  strength,  —  by  prayer,  frequent  recep- 
tion of  the  Sacraments,  meditation  upon  the  eternal  truths.407 

It  is,  however,  to  be  carefully  observed  that  the  penitent  is 
bound  to  employ  the  means  which  he  is  able  to  employ;  other- 
wise, though  the  occasion  would  be  necessary,  the  danger  would 
be  voluntary.     Let  the  confessor  instruct  the  penitent  as  to  this 

405  Cf.  S.  Alph.  Lib.  VI.  n.  456;  Prax.  Conf.  n.  69. 

406  Ballerini,  Opus  Theol.  Mor.  1.  c.  nn.  196,  197.  Cf.  Ballerini,  Not;c  ad 
Gury,  II.  n.  631,  et  Vindiciae  Alph.  pp.  603-620. 

A"~  Cf.  Alph.  Prax.  Conf.  n.  68;  Berardi,  1.  c.  nn.  79-83. 


500  THE    MINISTER    OF    THE    SACRAMENT 

duty,  select  the  means  corresponding  to  the  danger,  the  char- 
acter, and  the  circumstances  of  the  penitent,  and  also  show  him 
how  to  apply  them.408 

In  the  treatment  of  the  occasionarius  the  confessor  must  be 
very  prudent.     P.  Segneri  calls  attention  to  a  double  trick  by 
which  penitents  try  to  deceive  themselves  and  the  confessor, 
(a)    They  are  wont  generally  so  to  represent  the  occasion  that 
it  seems  to  be  only  a  remote  one,  or  they  pretend  that  shunning 
it  would  cause  them  great  difficulties,,  whereas  there  is  frequently 
no  other  difficulty  than  that  their  passion  finds  it  hard  to  break 
chains  that  have  become  dear  to  them.     When,  therefore,  peni- 
tents speak  of  the  scandal  or  the  great  injury  which  removing 
or  avoiding  the  occasion  would  cause,  the  confessor  must  not  be 
too  ready  to  believe  them,  but  must  carefully  weigh  the  matter, 
for  it  is  one  of  great  importance.     (6)   The  second,  not  less  dan- 
gerous, deception,  is  that  they  declare  themselves  ready  to  leave 
the  occasio  in  esse;   but  in  reality  this  is  only  in  words;   when 
the  confession  is  over  they  do  not  perform  what  they  have  prom- 
ised to  perform.     "I  know  well  that  many  teach  that  the  peni- 
tent can  be  absolved  the  first  time,  if  he  has  made  the  promise 
to  discharge  his  duty  as  soon  as  possible.     But  I  repeat  what  I 
have  said:   as  a  rule  do  not  do  so,  for  .  .  .  experience  shows 
that  penitents  who  have  obtained  absolution  in   this  manner 
do  not  subsequently  endeavor  to  break  through  the  net  of  sin ; 
they  find  a  hundred  evasions,  and  before  the  occasion  has  been 
removed  the  sins  have  been  multiplied,  till,  at  the  expiration 
of  the  year,  Easter  approaches,  when  they  proceed  to  another 
confessor,  who  is  equally  imprudent.     If  a  penitent  has  already 
deceived  you  or  other  confessors,  I  declare  to  you  that  on  no 
account  may  you  or  can  you  give  him  absolution.     For  he  is 
not  disposed.     If  you,  nevertheless,  should  believe  that  the  pres- 
ent words  of  the  penitent  ought  to  be  esteemed  as  of  more  value 

408  S.  Alph.  1.  c.  Lib.  V.  n.  63 ;  Segneri,  Instr.  Conf .  cap.  5 ;  Berardi,  1.  c. ; 
Aertnys,  1.  c.  n.  308,  Q.  1. 


SOME    COMMONLY    OCCURRING    OCCASIONS    OF    SIN      501 

than  his  former  deeds,  and  if,  without  just  grounds,  you  hold 
him  sufficiently  disposed  and  worthy  of  absolution,  listen,  at 
least,  to  what  I  say  to  you :  you  do  not  act  like  a  good  confessor, 
and  even  if  you  fulfill  the  duties  of  the  judge,  you  neglect  the 
duties  of  the  physician  which  are  also  incumbent  upon  you. 
Even  if  the  penitent  is  contrite,  as  he  seems  to  you  to  be,  it  is 
not  fair  to  leave  him  in  the  jaws  of  the  dragon  when  you  can 
snatch  him  from  the  terrible  danger  of  relapse  by  means  of  that 
remedy  which  is  the  only  one  against  this  evil,  namely,  by  forc- 
ing him  first  to  do  that  which  he  is  bound  to  do,  and  by  defer- 
ring absolution  till  he  has  done  it.  This  just  severity  is  still  more 
necessary  in  the  case  of  public  sinners,  for  with  these  scandal  is 
added  to  the  sin  of  occasion."  409 

66.   Some  Commonly  Occurring  Occasions  of  Sin. 

The  application  of  the  principles  developed  in  the  foregoing 
to  many  occasions  of  sin  —  such  as  concubinage,  dancing,  the 
theater,  bad  reading,  and  intimacies — presents  to  the  young  con- 
fessor at  times  no  small  difficulty.  These  occasions  are,  more- 
over, so  numerous  nowadays  that  they  form  a  large  part  of 
the  confessor's  work.  We  will,  therefore,  devote  a  short  discus- 
sion to  them. 

I.  Concubinage.  That  is,  freqnentatus  concubitus  cum  eadem 
femina,  quam  quis  instar  uxoris  in  propria  vel  aliena  domo  retinet. 
It  generally  occurs  with  unmarried  people,  but  also  in  any  other 
species  of  unchastity.  The  confessor  must  devote  a  very  special 
attention  to  this  occasion,  for  public  scandal  usually  accom- 
panies it.  Those  who  practice  it  are  exposed  to  immediate  dan- 
ger of  eternal  damnation  and  are  with  great  difficulty  brought 
to  amend  and  separate.410 

As  remedy,  the  confessor  may    (1)   sometimes  recommend  mar- 

409  Segneri,  Conf.  Instr.  cp.  5. 

410  Cf.  Trid.  Sess.  XXIV.  cp.  8,  ref.  matrim. 


502  THE    MINISTER    OF    THE    SACRAMENT 

riage  when  this  is  practicable.  Marriage  is  often  the  only  remedy 
for  such  unhappy  people,  as  the  occasion  of  sin  is,  in  this  way, 
removed.  The  confessor  should  especially  encourage  it  in  the 
following  cases:  (a)  when  the  concubine  lives  in  the  house  of 
her  accomplice,  is  supported  by  him,  and  cannot  otherwise  pro- 
cure her  livelihood;  (6)  when  the  two  parties  love  each  other 
very  much,  and  especially  (c)  when  the  concubinage  has  lasted 
a  long  time,  is  legalized,  as  regards  the  state,  by  a  so-called  civil 
marriage,  when  children  have  resulted  from  this  sinful  connec- 
tion; and,  finally  (d),  when  one  of  the  parties  is  in  danger  of 
death.  On  the  other  hand,  separation  will  be  preferable  to 
marriage  when  the  concubine  lives  in  another  house,  and  when 
not  love  but  sensual  passion  is  the  motive  of  their  sinful  life. 

But  if  marriage  cannot  be  at  once  contracted,  the  confessor 
must  urge  separation  if  this  is  any  way  feasible,  so  that  the 
occasion  of  sin  may,  in  the  meanwhile,  be  removed;  if  separa- 
tion is  impracticable,  the  confessor  must  prescribe  suitable  meas- 
ures for  diminishing  the  danger  of  sin.411 

On  the  other  hand,  confessors  and  parish  priests  should  not 
have  recourse  to  a  matrimonium  secretum  or  conscientice*12  unless 
one  of  the  two  living  in  a  state  of  concubinage  is  in  danger  of 
death,  or  when  they  are  publicly  regarded  as  married;  for  in 
other  cases,  divortium  is  to  be  feared,  and  if  the  concubinage  is 
secret,  scandal  will  arise  as  soon  as  children  are  born,  or  there 
will  be  danger  of  a  continued  state  of  onanistic  cohabitation  in 
order  that  no  scandal  may  arise. 

2.  If  marriage  is  either  morally  impossible,  or  if  an  unhappy 
marriage  is  to  be  feared,  the  confessor  must  impose  separation 
upon  the  parties,  where  separation  can  take  place,  as  it  is  the 
necessary  means  of  removing  the  occasion  of  sin.     If  immediate 

411  Compare  §  65,  Penitents  in  occasione  necessaria,  for  the  same  prin- 
ciples apply  to  this  case. 

412  See  Benger,  Pastoraltheologie,  Vol.  II.  Book  4,  §  191,  n.  28,  p.  G65 
(2  eel.)- 


SOME    COMMONLY    OCCURRING    OCCASIONS    OF    SIN     503 

separation  is  impossible,  let  him  prescribe  the  remedies  given 
above  for  penitents  in  occasione  necessaria.  If,  for  instance, 
the  concubine  lives  with  the  accomplice  as  a  servant  or  in  any 
other  capacity,  she  must,  in  order  to  avoid  sin  in  the  meantime, 
tell  the  man  plainly  that  she  does  not  wish  to  live  such  a  life 
any  longer,  and  resist  him  in  every  possible  way,  lock  the  door 
of  her  bedroom  at  night,  and  apply  the  other  remedies  referred 
to  above.  If  she  is  dismissed  from  her  service  on  this  account 
and  left  houseless  and  without  sustenance,  let  the  confessor 
(preserving  his  own  honor  and  avoiding  scandal)  procure  her 
admission  into  a  house  of  refuge  for  women,  or  in  some  other 
way  make  provision  for  her  need.  If  the  parties  live  in  sepa- 
rate houses,  let  the  confessor  forbid  the  man  to  visit  his  accom- 
plice and  have  further  intercourse  with  her.  The  woman  must, 
in  addition  to  the  remedies  already  prescribed,  employ  the  fol- 
lowing :  (a)  never  again  to  admit  the  accomplice  to  her  dwell- 
ing ;  (b)  to  take  rooms  with  some  respectable  woman,  so  as  not 
to  be  found  alone ;  and  (c)   to  change  her  place  of  residence. 

3.  But  if  very  weighty  and  insurmountable  reasons  prevent 
both  marriage  and  separation,  the  confessor  must  have  re- 
course to  such  measures  as  will  remove  the  formal  danger  of 
sin ;  for  in  this  case  the  occasion  is  a  necessary  one,  and  he  must 
act  accordingly. 

4.  If  one  of  the  parties  living  in  concubinage  is  seriously  ill 
or  in  danger  of  death,  marriage  must  take  place  at  once.  If 
they  cannot  marry,  and  if  the  concubinage  is  public,  the  man 
must  dismiss  his  accomplice  and  engage  another  respectable 
servant  to  wait  upon  him.  If  the  woman  is  dangerously  ill, 
she  must,  her  illness  and  circumstances  permitting,  take  steps 
to  obtain  admission  into  a  public  hospital  if  one  is  accessible. 
Where  the  concubinage  is  not  publicly  known,  a  separation 
will  present  difficulties  on  account  of  the  danger  of  disgrace. 
If  it  is  not  practicable,  the  confessor  must  take  care  that  the 
danger  of  sin  be  removed  as  much  as  possible,  and  to  this  end 


504  THE    MINISTER    OF    THE    SACRAMENT 

prescribe  the  aforesaid  remedies.  The  following  measures  are 
also  to  be  recommended :  removal  of  the  portrait  of  the  accom- 
plice from  the  room;  if  such  removal  is  not  possible,  the  sick 
person  should,  either  personally  or  through  the  confessor,  beg  par- 
don of  the  accomplice  for  the  scandal  given,  and  advise  the  latter 
to  provide  for  his  (or  her)  soul's  salvation  by  true  repentance.413 

5.  As  to  the  absolution  of  those  living  in  concubinage,  the 
following  rules  will  be  serviceable  to  the  confessor:  if  a  public 
concubinage  and  a  voluntary  occasion  are  in  question,  the  par- 
ties cannot  be  absolved  till  they  have  really  separated.  To  the 
reasons  already  given  above  is  to  be  added  the  fact  that  it  would 
cause  scandal  if  the  man  who  kept  a  concubine  in  his  house  or 
who  often  visited  her  at  her  house,  or  the  woman  who  still  lived 
with  her  accomplice  or  received  him  at  her  house,  were  seen 
approaching  holy  communion.  A  peccator  publicus  also  can- 
not be  absolved  till  he  has  publice  done  penance  and  atoned 
for  his  scandal.414 

If  it  is  a  question  of  a  necessary  occasion  with  a  public  con- 
cubinage, absolution  must  be  deferred  till  the  penitent  has 
refrained  from  sin  for  some  considerable  time  and  has  repaired 
the  scandal  given.415  The  confessor,  however,  must  not  readily 
believe  that  the  occasion  is  a  necessary  one,  for  the  attachment 
to  sin  of  these  unhappy  people  causes  them  to  exaggerate  the 
difficulties  of  separation,  or,  indeed,  to  suppose  difficulties 
where  they  do  not  exist.416  An  occasion  is  only  to  be  regarded 
as  necessary  when  the  penitent  would  suffer  great  injury  by 
leaving  it,  when  it  might  mean  the  surrender  of  the  social  posi- 
tion which  he  held  at  the  time.417    The  public  scandal  might  be 

413  Cf.  Berardi,  De  occas.  n.  117  ss. ;  Aertnys,  Theol.  Mor.  II.  Lib.  VI. 
Tract.  V.  Append.  Part  III.  n.  315  ss. 

414  Segneri,  Instruct,  Conf.  cp.  5;  S.  Alph.  Lib.  III.  n.  436. 

415  Cf.  S.  Alph.  Lib.  III.  n.  436. 

416  Cf.  Segneri,  Instruct.  Conf.  cp.  5  et  6. 

417  Cf.  Gobat,  1.  c.  Tract.  VII.  cas.  16,  n.  530;  Sporer,  Theol.  sacr.  P.  III. 
n.  328;  S.  Alph.  Lib.  III.  nn.  137,  441,  Lib.  II.  n.  31,  Lib.  VI.  n.  455. 


SOME    COM  MO  SLY    OCCURRING    OCCASIONS    OF    SIN      505 

regarded  as  atoned  for  if  the  parties  caused  it  to  be  made  known 
(if  it  were  not  already  known)  that  they  could  not  separate; 
furthermore,  if  they  publicly  gave  signs  of  their  conversion  by 
attending  divine  service,  receiving  the  Sacraments,  etc.,  and, 
finally,  if  they  marry,  in  case  this  were  possible.  An  exception 
to  the  above  rule  could  only  be  made  in  the  following  cases, 
certainly  very  rare  ones :  if  the  sinful  intercourse  had  long  ceased 
but  was  still  a  subject  of  talk  and  the  scandal  could  not  at  once 
be  removed,  but  the  penitent  were  willing  to  atone  for  it  as  soon 
as  possible,  he  might  then  be  absolved  before  the  scandal  was 
made  good  if  he  promises  not  to  go  to  holy  communion,  at 
least  not  in  the  place  where  his  former  sinful  career  was  a  matter 
of  notoriety.418 

When  a  man  living  publicly  in  concubinage  falls  seriously 
ill,  or  is  in  danger  of  death,  he  must  be  absolved  sub  conditions, 
if  he  is  already  unconscious,  and  Extreme  Unction  must  also 
be  given  to  him ;  for  it  cannot  be  maintained  that  he  persists 
in  manifest  mortal  sin,  unless  he  had  expressly  refused  the  holy 
Sacraments  before  unconsciousness  set  in.  If  he  is  still  con- 
scious, but  dying,  and  there  is  no  time  either  for  a  marriage  or 
for  arranging  a  separation,  he  must  be  helped  to  make  an  act 
of  contrition  and  absolved,  and  the  other  Sacraments  should 
then  be  administered  to  him.  But  care  must  be  taken  that 
the  accomplice  does  not  come  near  him,  and  that,  if  it  is  still 
possible,  the  dying  person  asks  pardon  before  witnesses  in  atone- 
ment for  the  scandal,  either  personally,  or  through  the  priest. 
If  this  form  of  atonement  is  not  practicable,  the  priest  should 
provide  for  it  in  some  other  way.419  But  if  there  is  still  suffi- 
cient time  to  atone  for  the  scandal,  and  to  remove  the  occasion 
of  relapse  (exterior  and  interior),  either  by  marriage  or  sepa- 
ration, absolution  must  not  be  given  till  the  scandal  is  atoned 
for  and  the  occasion  removed.     If  neither  expedient  is  practi- 

418  Segneri,  1.  c.  cp.  5;   Berardi,  1.  c.  n.  151. 
«9  Cf.  Kit.  Rom.  Tit.  IV.  cp.  4,  n.  1. 


506  TIIE    MINISTER    OF    THE    SACRAMENT 

cable,  this  impossibility  must  be  declared  before  witnesses,  so 
that  it  may  become  known,  and  the  sick  person  must  promise 
to  bring  about  the  separation  as  soon  as  he  recovers.420 

If  the  concubinage  is  not  publicly  known  and  the  occasion 
is  voluntary,  the  parties  may  not  as  a  rule  be  absolved  till  they 
have  actually  separated,  even  if  they  give  signs  of  great  sorrow. 
An  exception  might  be  made  to  this  rule  when  a  prompt  dis- 
missal would  be  impossible,  and  the  penitent  would  be  under 
an  urgent  necessity  of  receiving  holy  communion  in  order  to 
avoid  great  infamy  or  some  equivalent  injury,  supposing  also 
that  the  penitent  were  in  very  contrite  dispositions  in  conse- 
quence of  some  external  occurrence  --  the  death  of  a  friend, 
deliverance  from  death,  etc.,  or  if  he  and  the  accomplice  did  not 
live  in  the  same  house,  or  if  there  were  well-grounded  fear  that, 
on  account  of  the  postponement  of  absolution,  the  penitent 
might  become  estranged  from  the  confessional  and  perish  in 
his  sins.421 

If,  with  secret  concubinage,  the  occasion  is  a  necessary  one, 
the  properly  disposed  penitent  may  be  absolved,  but  absolution 
could  be  postponed  in  accordance  with  the  rules  here  applica- 
ble (§  52). 422  Let  it  be  added  that  if  the  penitent  maintains 
that  the  occasion  is  necessary  to  avoid  scandal  or  disgrace,  he 
should  not,  as  a  rule,  be  believed. 

II.    Dancing.*23 

420  Cf.  Berardi,  1.  c.  n.  148;  Aertnys,  1.  c.  n.  319,  Q. 

4il  Cf.  S.  Alph.  Lib.  III.  n.  436 ;  Segneri,  Instr.  Conf.  cp.  5. 

422  Cf.  S.  Alph.  Lib.  III.  nn.  437,  441. 

423  u  jf?  considering  the  present  corruption  of  our  society  and  the  manner 
in  which  dancing  entertainments  are  conducted,  a  priest  publicly  protests 
against  them,  he  may  be  perfectly  justified.  But  the  place  in  which  he 
can  exercise  his  influence  against  this  evil  is  the  confessional.  Here  he  can 
positively  forbid  dancing  to  the  young  man  or  girl  for  whom  it  is  an  occaxto 
proximo,  of  sin,  whether  the  sin  consists  in  bad  thoughts  and  desires,  or  in 
external  acts,  or  he  will  proceed  in  accordance  with  the  principles  laid  dowu 
above  (concerning  the  occasio  necessaria)."  Ren ninger-Gopfert,  Pastoral 
Theology,  Vol.  I.  Part  I.  §  90,  p.  265. 


SOME    COMMONLY    OCCURRING    OCCASIONS    OF    SIN      507 

Dancing  with  persons  of  different  sex,  when  there  is  no  ques- 
tion of  sinful  circumstances,  is,  of  itself,  not  forbidden,  as  it 
is  not  ex  se  actus  libidinis.i2i     But  it  may  become  very  sinful : 

(a)  through  sinful  intention;  (b)  through  the  danger  of  sinning; 
(c)  by  the  scandal  given,  and  (d)  by  the  prohibition  of  parents 
or  of  an  ecclesiastical  law.4-"' 

Dancing  is  very  sinful  when  those  engaged  in  it  have  the  in- 
tention of  exciting  venereas  delectationes,  of  employing  tactus 
malitiosos,  or  of  indulging  in  turpes  sermones.  In  this  respect 
the  so-called  masked  balls  (chorece  larvakc,  bals  masques)  are  a 
source  of  great  danger.426 

Dancing  may  give  rise  to  the  following  sins:  (a)  malitiosce 
manuum  constrictiones  affectu  nempe  impudico,  differing  from 
the  simple,  and,  of  itself,  not  dangerous  manuum  apprehensio ; i27 

(b)  amplexus  pressi;  (c)  tactus  obscceni  (especially,  extra  actum 
saltandi)  before  or  after;  (d)  amatorii  et  turpes  sermones;  aspec- 
tus  malitiosi  (in  the  obscoenw  chorea) ;  (e)  delectationes  morosce 
et  desideria  turpia.  The  confessor  will,  however,  observe  that 
the  external  sins  referred  to  occur  less  frequently  in  respectable 
dancing  assemblies. 

If  dancing  is  a  periculum  proximum  to  those  engaging  in  it, 
and  if  there  is  no  causa  gravis  for  doing  so,  it  must  be  avoided 
under  grave  sin;  if  it  constitutes  only  a  periculum  remotum  or 
is  excused  by  some  causa  gravis,  it  would  be  a  venial  sin  only, 
or  none  at  all.  The  confessor  must,  therefore,  take  into  con- 
sideration the  danger  and  its  nature,  as  also  the  existence  of 
a  causa  gravis. 

He  can  judge  if  such  danger  is  in  question:  (1)  from  experi- 
ence,—  that  is,  when  the  penitent  has  taken  part  in  dancing,  and 
has  often  {frequenter)  sinned  in  consequence  of  it,  and  when  the 

424  Cf.  S.  Alpli.  Lib.  TTT.  n.  429. 

425  Cf.  S.  Alph.  Lib.  Til.  n.  429;  Berardi,  1.  c.  n.  155. 

426  Cf.  Berardi,  1.  o.  n.  150. 

427  Cf.  S.  Alph.  Lil>.  III.  n.  429  ;  certe  veniale  non  excedit. 


508  THE    MINISTER    OF    THE    SACRAMENT 

circumstances  are  the  same  in  some  given  case;  (2)  from 
other  circumstances,  —  especially  the  nature  of  the  dance, 
too  great  frequency,  the  time  of  night,  the  moral  character 
of  the  other  persons  present  at  the  dance,  indecens  feminarum 
pectoris  nudatio.  General  rules,  applicable  for  all  places  and 
persons,  cannot  be  given  here.  Public  dances  to  which  all 
have  access  are,  generally  speaking,  more  dangerous  than 
private  ones. 

If  there  is  only  periculum  remotum  in  question,  any  causa 
rationabilis  excuses  from  sin,  certainly  from  grievous  sin;  for 
instance,  to  recreate  one's  self,  to  have  a  little  amusement  (once 
and  again  in  the  year),  to  find  more  easily  an  opportunity  of 
marrying,  to  show  courtesy  towards  those  who  give  invitations 
to  the  dance,  to  avoid  the  talk  and  ridicule  of  others,  etc.  If, 
however,  there  is  question  of  periculum  proximum,  the  causa 
must  be  a  gravis  to  constitute  an  excuse ;  for  instance,  to  avoid 
giving  serious  offense  to  wife,  husband,  parents,  brothers  and 
sisters,  or  to  avoid  family  quarrels.  But  then  there  must  be 
no  other  way  of  escaping  these  quarrels,  and  the  penitent  who 
exposes  himself  to  these  dangers  must  protect  himself  by  suit- 
able means.428 

With  reference  to  the  confessor's  conduct  in  this  matter,  we 
may  add  the  following  remarks:  (1)  Let  him  equally  avoid  ex- 
cess and  deficiency  of  zeal ;  (2)  let  him  estimate  the  danger  to 
which  dancing  exposes  his  penitent,  by  asking  him  if  he  has 
committed  sin  at  other  dances,  or  been  subjected  to  great  temp- 
tation. If  it  results  from  this  examination  that  the  penitent  is 
strictly  bound  to  avoid  these  pleasures,  let  the  confessor  forbid 
them  to  him  even  under  threat  of  refusing  absolution;  if  no 
such  obligation  is  evident,  let  him  not  show  himself  too  ready 
in  permitting  indulgence  in  this  dangerous  and  doubtful  pleas- 

428  Cf.  Rollings,  Theol.  Mor.  Compend.  n.  1441 ;  S.  Francisc.  Sales.  Instit. 
vit.  devot.  P.  III.  cp.  34;  Aertnys,  1.  c.  n.  323,  Q.  II;  Lehmkuhl,  1.  c.  P.  I. 
Lib.  II.  cp.  3,  n.  043. 


SOME    COMMONLY    OCCURRING    OCCASIONS    OF    SIN      509 

lire,  and  let  him  tell  the  penitent  how  he  should  conduct 
himself.429 

III.    Frequenting  theaters. 

Theatrical  performances  (in  the  wider  sense  of  the  term)  are, 
according  to  the  teaching  of  St.  Thomas,430  secundum  se,  not  sin- 
ful, but  may  become  gravely  so,  by  offending  against  religion 
and  good  morals,  in  the  matter  represented  or  in  the  manner  of 
representing  it.  Very  many  modern  dramas  are  of  the  latter 
kind,  and  full  of  dangers,  treating  as  they  do  of  anti-religious 
subjects  or  of  such  as  are  hostile  to  faith,  or  lascivious;  degrad- 
ing the  Catholic  faith,  distorting  historical  facts  to  its  detri- 
ment, extolling  the  enemies  of  the  Church,  holding  up  holy 
rites  and  even  the  Sacraments  of  the  Church  to  mockery  and 
contempt,  calumniating  priests,  making  vices,  such  as  adul- 
tery, revenge,  suicide,  and  sins  of  the  flesh,  appear  lawful  or 
even  glorifying  them ;  characterizing  religion  in  general  as  ridicu- 
lous, superstitious,  etc.,  treating  not  only  of  obscene  and  dan- 
gerous subjects,  but  also  offending  decency  in  the  manner  of 
representation. 

If,  therefore,  the  dramas  in  question  are  Religioni  notabiliter 
contraria,  or  if  the  subject-matter  or  the  manner  of  represent- 
ing it  are  nimis  turpia,  attendance  is  certainly  a  grave  sin.  For 
what  may  not  be  seen,  or  heard,  or  read,  extra  theatrum,  without 
great  sin,  cannot  be,  as  the  Angelic  Master  expresses  himself, 
ratione  theatri  leviora.431 

If  they  are  notabiliter,  but  not  nimis  turpia,  they  may  be  occa- 
sio  relativa,  and  frequenting  them  out  of  curiosity  or  for  amuse- 
ment (if  there  is  no  danger  of  consenting  in  turpem  delectationem) 
may  be  free  from  grave  sin.  But  this  danger  will,  in  the  case  of 
young  people,  be  absent  only  when  they  have  very  tender  con- 
sciences, conduct  themselves  very  prudently,  and  when,  after 

429  Cf.  Reuter,  Neo-Confess.  n.  112;  Franc.  Sales.  Inst.  vit.  devot.  1.  c.  cp. 
33 :  Berardi.  1.  c.  nn.  107-169  ;  Aertnys,  1.  c.  art.  II.  n.  324,  Q.  1. 

430  II.  II.  Q.  1G8,  art.  3.  431  8.  Thorn.  4  Sent.  dist.  16,  Q.  4.  art  2. 


510  THE    MINISTER    OF    THE    SACRAMENT 

being  repeatedly  present  at  such  performances,  they  are  able 
to  say  that  they  have  not  committed  mortal  sin.432  Perform- 
ances, however,  which  are  non  notabiliter  turpia,  may  be  an 
occasio  proximo,  for  those  who  know  by  experience  their  own 
weakness,  the  more  so  as  nowadays  doubtful  attractions  are 
introduced  even  into  otherwise  good  or  harmless  plays. 

The  so-called  chorece  scenicce  (ballet),  quaz  inter  actus  miscen- 
tur,  utpote  in  quibus  ob  vestitum  saltatricum,  obscamos  saltandi 
modos  out  lascivas  gesticulationes,  maxima  apparere  solet  turpi- 
tudo,  will  probably  be  for  many  theatergoers  an  occasio  proximo. 

When,  therefore,  one  goes  to  a  theater  without  exercising  any 
discrimination  as  to  the  choice  of  the  play  or  the  manner  of  its 
performance,  he  exposes  himself  to  a  probable  danger  of  sin, 
ex  communiter  contingentibus  fit  prudens  pnvsumptio.  Some, 
however,  maintain  that  they  attend  chiefly  to  the  music,  not  to 
the  plot  and  its  representation;  this,  of  course,  would  mate- 
rially reduce  the  danger,  but  not  wholly  remove  it. 

Frequenting  the  theater  may  also  become  sinful  on  account 
of  the  sinful  intention  connected  with  it,  and  by  the  scandal 
thereby  given.  Besides  the  actors  and  actresses  in  a  bad  play, 
those  also  give  scandal  who  cooperate  in  spectacula  notabiliter 
turpia  aut  Religioni  graviter  adversa,  positively,  by  money  or 
applause,  and,  negatively,  by  not  preventing  them  when  ex 
officio  they  were  bound  to  do  so,  or  at  least  could  have  prevented 
them  by  some  other  means;  for  example,  by  refusing  to  co- 
operate, etc.433  Moreover,  parents  and  other  superiors  give  scan- 
dal who  do  not  effectually  prevent  their  children  and  those  under 
their  care  from  being  present  at  improper  representations,  or 
when  they  give  permission  to  go  there,  without  having  previ- 
ously ascertained  the  character  of  the  play.  Finally,  those  give 
scandal  who  encourage  others  (especially  young  people)  by 
their  example  to  attend  theaters,  also  clerics  and  religious  who, 

™  Cf.  S.  Alph.  Lib.  III.  n.  427.  433  Ibid. 


SOME    COMMONLY    OCCURRING    OCCASIONS    OF    SLY      511 

contrary  to  ecclesiastical  regulations,  are  present  at  secular 
performances.434 

If,  therefore,  by  going  to  the  theater,  a  person  exposes  him- 
self to  only  slight  danger,  and  only  gives  slight  scandal,  he  is  free 
from  grave  sin  if  he  takes  the  necessary  precautions. 

But  if  he  suffers  great  danger,  or  gives  great  scandal,  only 
a  causa  gravis  would  excuse  him  from  grave  sin  if  he  takes  the 
necessary  precautions,  and  tries  to  the  best  of  his  power  to 
make  good  the  scandal.  Such  causa  gravis  would  be,  for  instance, 
a  well-founded  fear  of  great  detriment,  continued  irritation  of 
parents,  of  husband  or  wife,  etc. ;  the  loss  of  the  subscrip- 
tion fee  would  not  be  a  causa  sufficiens.  But  even  when  there 
is  a  causa,  and,  in  spite  of  precautions,  faith  is  endangered,  or  if 
the  person  often  succumbs  to  temptation,  he  is  absolutely  bound 
to  avoid  the  occasion.  Hence  no  causa  will  excuse  frequentation 
of  a  very  immoral  or  godless  performance,  because  it  will  not  be 
possible  to  avoid  the  formal  danger  which  accompanies  it. 

In  cases  where  it  is  necessary,  the  penitent  must  be  strictly 
bound  to  avoid  the  theater  or  certain  plays;  even  where  this 
obligation  is  not  strictly  binding,  he  must  still  be  persuaded  to 
avoid  the  theater,  and  if  this  is  not  possible  or  opportune,  the 
priest  must  at  least  instruct  the  penitent  cautiously  to  conduct 
himself. 

The  actors  in  immoral  and  godless  plays  cannot,  of  course, 
be  admitted  to  the  Sacraments  till  they  have  either  given  up 
their  profession,  or  no  longer  take  part  in  such  performances, 
for  they  are  peccatores  publici,  publicum  scandalum  prwbentes.435 

IV.   Bad  reading. 

The  reading  of  bad  books  is  a  source  of  great  danger,  and  this 
occasion  of  sin  is  very  common,  unceasingly  estranging  countless 
numbers  from  faith  and  robbing  them  of  innocence. 

434  Benedict  XIV,  De  Synod.  Lib.  II.  cp.  10,  n.  11.  Cf.  S.  Alph.  Lib.  III. 
n.  427. 

435  Cf .  Aertnys,  1.  c.  n.  327 ;  Lehmkuhl,  1.  c.  P.  I.  L.  II.  cp.  3,  n.  644. 


512  THE   MINISTER    OF    THE    SACRAMENT 

We  must  distinguish  between:  (1)  books  which,  ex  projesso, 
are  written  against  religion  and  faith  (defending  the  errors  of 
heretics  and  infidels)  and  those  which  are  not,  ex  projesso, 
directed  against  it  (only  here  and  there  attacking  religion) ; 
(2)  books  which,  ex  projesso,  are  obscene  (which,  if  not  wholly, 
yet  to  a  great  extent,  treat  of  obscene  things)  and  such  as 
are  subobscocni  (in  which  a  good  deal  of  obscenity  is  to.  be 
found). 

Books  ex  projesso  impii  are  very  dangerous  and  pernicious. 

Few  persons  who  are  not  learned  and  pious  theologians  can 
read  them  without  injury  to  their  faith.  Hence  the  Church  (in 
the  second  rule  of  the  Index)  has  strictly  prohibited  the  reading 
of  such  Jjooks,  and  if  they  hceresim  propugnant,  reading  them 
consciously  entails  censure  of  excommunication  reserved  to  the 
•Pope.436  Books  which  are  hostile  to  religion,  but  not  so  ex 
projesso,  are  also  a  source  of  danger,  and,  therefore,  reading 
them  is  permitted  to  no  one  without  necessity.  The  degree  of 
the  danger  depends  upon  the  object  which  the  reader  has  in 
view,  upon  his  age,  his  religious  sentiments,  and  knowledge. 

Books  ex  projesso  obscene  are  certainly  dangerous,  for  they 
excite  violent  temptations,  and  they  are  still  worse  when,  as 
is  often  the  case,  they  are  illustrated  with  obscene  pictures. 
Reading  such  is  strictly  forbidden  by  the  seventh  rule  of  the 
Index. 

The  libri  erotici  (de  amoribus  agentes) ,  for  instance  many  come- 
dies, tragedies,  dramas,  novels,  and  romances,  are  sources  of 
relative  danger;  the  reading  of  them  is,  in  many  respects,  inju- 
rious, especially  to  young  people. 

Bad  newspapers  and  periodicals  must  be  classified  in  the  same 
way  as  books,  and  what  has  been  said  above  concerning  the 
reading  of  bad  books  holds  good  as  to  newspapers  and  periodi- 

436  Compare  §  43;  S.  Alpli.  App.  de  prohib.  libr.  cp.  1 ;  cf.  Benger,  Pasto- 
raltheologie  (2  Ed.),  Vol.  II.  §  129,  n.  7,  p.  53  ff . ;  Clement  XIII,  Encycl. 
1766;  Pius  IX,  "Qui  Pluribus,"  20  Nov.,  1846;  many  pastorals  of  bishops. 


SOME    COMMONLY    OCCURRING    OCCASIONS    OF    SIN     513 

cals.  If  they  are  written  ex  professo  against  faith  and  morals, 
they  are  even  more  dangerous  than  such  books. 

Accordingly,  the  confessor  is  bound:  (1)  when  there  is  ground 
for  suspicion  that  the  penitent  has  sinned  by  such  reading  and 
has  been  silent  about  it,  to  ask  him  on  the  matter;  omitting  to 
do  so  would  be  very  injurious  to  the  penitent,  as  it  would  be 
leaving  him  in  great  danger,  and  if  he  had  purposely  concealed 
it,  he  would  have  confessed  sacrilegiously. 

The  confessor  is  bound  (2)  to  admonish  penitents  who  have 
read  bad  books,  etc.,  to  refrain  entirely  from  such  reading,  to 
buy  no  more  books,  etc.,  of  the  kind,  not  to  borrow  them,  nor 
in  future  to  have  them  in  their  possession.  He  must  especially 
instruct  parents  and  superiors  on  this  head,  and  incite  them  to 
watchfulness.  He  is  bound  (3)  to  refuse  absolution  to  those  who 
will  not  refrain  from  such  reading.437  (4)  To  prescribe  for  the 
penitent  who  reads  infidel  writings  ex  necessitate  suitable  safe- 
guards in  order  that  the  poison  may  not  injure  him,  such  reme- 
dies as  reading  good  books  and  newspapers,  praying  for  the 
preservation  of  faith,  frequent  reception  of  the  Sacraments, 
etc.  (5)  To  do  his  best  to  keep  young  people  from  novel  read- 
ing.438 

The  confessor  must,  to  the  best  of  his  ability,  endeavor  to 
prevent  the  reading  of  so-called  "liberal"  books,  newspapers, 
and  periodicals,  which  are,  indeed,  bad,  though  not,  ex  professo, 
godless  or  obscene ;  especially  (a)  when  the  penitent  is  conscious 
of  his  duty  to  refrain  from  such  reading,  or  is  in  doubt  about  it ; 
(6)  when,  although  not  aware  of  this  duty,  good  results  are  to  be 
expected  from  exhortation;  and  (c)  when  the  confessor  perceives 
that  such  reading  is  beginning  to  harm  the  penitent.  On  the 
other  hand,  the  confessor  must  be  silent  concerning  the  duty  of 
avoiding  such  reading  (a)  when  the  penitent  is  invincibiliter 
ignorant  of  this  duty;    (b)  when  the  confessor  could  not  hope 

487  Cf.  Propos.  61  damn,  ab  Innoc.  XL 
438  Cf.  S.  Alph.  Lib.  III.  n.  420. 


514  THE    MINISTER    OF    THE    SACRAMENT 

that  his  admonition  would  be  acted  upon,  or  when,  on  the  con- 
trary, he  would  have  to  fear  still  greater  evils ;  but  he  must  then 
inspire  his  penitent  with  distrust  of  these  newspapers,  etc.,  and 
endeavor  by  exhortation  and  request  to  wean  him  from  such 
dangerous  reading.439  A  man  of  business  might  be  permitted  to 
keep  and  to  read  bad  newspapers  on  account  of  the  advertise- 
ments, when  such  advertisements  are  not  to  be  found  (or  not 
so  fully)  in  a  good  paper,  but  he  must  be  admonished  to  sub- 
scribe for  this  end  only,  and  not  to  leave  the  newspaper  about 
for  others,  especially  children,  to  read.  It  is  not  allowed  to 
inn-keepers  to  have  bad  newspapers  in  their  establishments  in 
order  to  attract  customers  by  such  reading,  for  that  would  be 
an  actio  ex  se  ordinata  ad  malum.  Under  the  heading  of  "bad 
newspapers"  are  not  included  those  producing  here  and  there 
incorrect  judgments  upon  religion.440 

V.    Intimacies  (procationes) ,441 

1.  If  this  intimacy  is  begun  with  a  view  to  matrimony  it  is 
not,  de  se,  forbidden,  for  none  is  bound  to  marry  a  person  who 
is  unknown  to  him;  he  may,  during  a  certain  time,  study  the 
character  and  morals  of  the  person  by  means  of  lawful  intimacy.442 

But  such  intimacies,  in  praxi,  very  easily  become  an  occasio 
proxima  of  grave  sin  amongst  }roung  people  and  those  who  have 
not  much  conscience,  especially  when  greater  familiarity  and 
freedom  of  intercourse  sets  in,  and  the  time  of  marriage  ap- 
proaches.443 That  an  intimacy  may  not  degenerate  into  an 
occasio  proxima,  or,  having  become  such,  may  cease  to  be  so, 

439  Cf.  Aertnys,  1.  c.  n.  331,  Q.  II. 

440  Cf.  Aertnys,  1.  c.  n.  330,  Q.  II ;  Gury,  Tom.  I.  n.  250 ;  Varceno,  Theol. 
Mor.  Tract.  8,  cp.  2.  art.  3 ;  Rerardi,  Praxis  Conf .  nn.  66  et  210 ;  Midler. 
Theol.  Mor.  Lib.  II.  §36,  n.  6. 

441  By  "intimacies"  is  here  understood  friendly  intercourse  established 
between  two  persons  of  different  sex. 

44-  S.  Alph.  Prax.  Conf.  n.  05.  Cf.  Roncaglia,  in  S.  Alpli.  ibid.;  Gousset. 
Moraltheologie,  II.  n.  500. 

443  Cf.  S.  Alph.  Prax.  Conf.  n.  65;  S.  Leonard  a  Port-Maur.  Disc.  mist, 
nn.  23,  21. 


SOME    COMMONLY    OCCURRING    OCCASIONS    OF    SIN     515 

the  following  rules  must  be  observed:  Only  such  as  wish,  and 
are  able,  to  contract  marriage  within  a  reasonable  time  (tempus 
rationabile)  should  be  allowed  this  kind  of  intimacy.  They 
must,  therefore,  be  of  proper  age,  so  that  the  intimacy  may 
not  be  too  much  prolonged;  there  must  be  no  impediment  in 
the  way  of  their  marriage,  that  is,  they  must  possess  the  neces- 
sary liberty,  being  free  from  bondage  of  any  kind ;  the  parents 
must  not  (from  just  motives)  be  opposed  to  their  child's  mar- 
riage, or  to  marriage  with  the  particular  person  in  question 
Moreover,  there  must  be  a  firm  intention  of  marrying.  This 
intention  may  be  presumed  to  be  wanting  in  the  case  of  a  rich 
young  man  who  enters  into  such  relationship  with  a  poor  girl, 
or  one  who,  at  the  very  outset  of  the  acquaintance,  induces 
her  to  sin,  or  neglects  the  necessary  precautions,  or  who,  at 
the  expiration  of  a  suitable  time,  shows  no  disposition  what- 
ever to  contract  marriage,  etc.  How  long  such  intimacy  may 
last  {rationabile  tempus)  cannot  be  determined  by  hard  and 
fast  rules  applicable  to  all  cases;  it  must  be  left  to  the  intel- 
ligent discretion  of  the  persons  in  question;  half  a  year,  or  a 
whole  year,  may  generally  be  regarded  as  not  too  long.  Let 
the  confessor,  therefore,  take  care  that  the  intimacy  is  not 
prolonged  for  years  with  danger  of  sin,  and  if  it  has  already 
lasted  too  long,  let  him  provide  that  it  should  either  be  broken 
off,  or  interrupted  for  a  time,  or  that  marriage  should  take  place 
as  soon  as  possible. 

2.  In  order  that  the  intimacy  may  proceed  honorably,  the 
persons  must  adopt  suitable  measures  of  precaution.  Those 
therefore,  between  whom  such  intimacy  exists,  must  not  Jive  in 
the  same  house;  they  must,  as  soon  as  possible,  obtain  the  con- 
sent of  the  parents  or  their  representatives,  for  if  they  frequently 
meet  without  the  knowledge,  or  against  the  will  of  their  parents, 
they  will  do  it  secretly,  and  in  this  lies  a  great  danger.  If  the 
parents  are  opposed  to  the  marriage  without  just  reason,  the 
confessor  must  suggest  some  other   means  for  their  honorable 


516  THE    MINISTER    OF    THE    SACRAMENT 

intercourse.  They  must  not  associate  solus  cum  sola,  espe- 
cially secretly  in  retired  places  at  night  time  —  "id  quippe,  si 
non  fortuito  sed  consulto  fiat,  nonnisi  ex  fine  libidinis  aid  cum 
summo  periculo  libidinis  fiet,"  remarks  Aertnys,444  and  Ballerini445 
says :  "Those  especially  who  have  care  of  the  persons  in  question 
must  pay  attention  to  this.  Parents,  and  particularly  moth- 
ers, must  be  very  earnestly  appealed  to,  and  their  strict  duty 
of  watchfulness  and  care  most  forcibly  insisted  upon.  And  in 
this  they  must  be  influenced  not  only  by  conscience,  but  by  the 
fear  that  the  daughters  'semel  corruptee  in  paterna  domo  deho- 
nestatce  consenescant.'  "  Moreover,  their  visits  must  not  be  too 
frequent  nor  too  long;  and  if  they  should  be  alone,  they  must 
not  offend  against  the  rules  of  morality,  but  conduct  themselves 
honorably  in  every  respect;  and,  lastly,  they  must  procure  for 
themselves  the  necessary  graces  in  this  dangerous  time  by 
prayer  and  the  reception  of  the  Sacraments.446 

3.  Still  greater  prudence  is  necessary  after  engagement,  as  the 
danger  of  sin  becomes  greater,  cum  sponsus  respiciat  sponsam 
tanquam  suam,  magna  familiaritas  sit  quasi  inevitabilis,  imagi- 
natio  copulce  conjugalis  brevi  secuturai  libidinem  commoveat  et 
timor  pnegnationis  evanescat,  etc.447  Therefore,  let  the  confessor, 
to  the  best  of  his  ability,  bring  about  that  the  time  of  betrothal 
may  not  be  deferred  too  long.448 

4.  If  they  have  fallen  into  sin  ob  causam  amoris,  the  intimacy 
assumes  the  character  of  an  occasio  proxima,  and  it  must  be 
dealt  with  according  to  the  principles  applicable  to  it.449  They 
must,  therefore,  break  off  the  intimacy  if  they  can,  without  great 

444  Theol.  Mor.  1.  c.  Append.  P.  ITT.  n.  340. 

445  Notae  ad  Gury,  Tom.  I.  n.  413. 

446  Cf.  S.  Alph.  Praxis  Conf.  n.  65 ;  S.  Leonard,  Disc.  mist.  n.  23  s. ;  Ber- 
ardi,  1.  c.  nn.  233-238 ;   Konings,  1.  c.  n.  1453 ;  Aertnys,  1.  c. 

447  Cf.  S.  Alph.  Praxis  Conf.  n.  204;  IT.  Ap.  Append.  IV.  n.  6  ;  Benedict 
XIV,  Inst.  46,  nn.  17,  21 ;  Sporer,  De  Matrim.  n.  429. 

448  S.  Alph.  IT.  Ap.  Tr.  7,  n.  32 ;  Praxis  Conf.  n.  52. 

449  S.  Alph.  Praxis  Conf.  n.  65;  S.  Leon.  Disc.  mist.  n.  24. 


SOME    COMMONLY    OCCURRING    OCCASIONS    OF    SIN     517 

detriment,  forego  the  intended  marriage,  and  wait  for  the  occa- 
sion of  contracting  another,  or  they  must  set  their  relations  with 
each  other  on  a  better  footing  if  they  cannot  forego  the  marriage 
without  sin  and  without  great  detriment. 

It  results  from  the  foregoing  that  all  "intimacies"  are  to  be 
regarded  as  sinful  and  as  occasioned  proximtr,  which :  (1)  are 
entered  upon  without  any  intention  of  marriage,  but  only  for 
the  sake  of  pleasure,  sensuality,  and  sin;  (2)  which  are  begun 
without  hope  of  speedy  marriage,450  or  (3)  in  spite  of  the  justi- 
fiable opposition  of  parents,  (4)  which  are  secretly  carried  on,451 
and  (5)  which  exist  between  persons  who  live  in  the  same 
house.  Persons  who  maintain  such  relations,  and  will  not  break 
them  off,  or  refuse  to  amend,  may  not  be  absolved.  Even  if  it 
happens  that  they  do  not  at  first  sin  grievously,  they  will  not, 
later  on,  remain  free  from  sin.  And  if  they  maintain  that  they 
have  done  nothing  wrong,  the  confessor  must  not  at  once  trust 
their  assurances,  but  instruct  them  in  their  duty  with  the  neces- 
sary circumspection  and  prudence.452  "We  admonish  all  confess- 
ors," writes  Gaume,  "not  to  absolve  those  who  are  carrying 
on  love  affairs,  when  such  things  are  for  them  gravely  sinful, 

450  Therefore,  quando  fiunt  inter  eos,  qui  sunt  disparis  conditionis  propter 
scandalum  et periculum  mortaliter peccandi ,"  si  fiant  cum  Mis,  cum  quibus  im- 
possible  est  contrahi  matrimonium,  ut  sunt  uxorati,  claustrales  et  in  sacris  ortlini- 
bus  constiluti  .  .  .  si  fiat  in  ecclesia,  turn  propter  irreverentiam,  turn  propter 
periculum  audiendi sacrum  sine  debita  attentione,  turn  eliam propter  scandalum;  si 
adsit prceceptum patris  vel  matris  out  tutoris  rationabiliter prohibens  talem  amorem. 

451  Quando  clam  fiunt  et  occulte,  tempore  nocturno,  si  eo  mod  o  fiat,  ut  ex  se  in- 
volvat periculum proximum  osculorum,  tactuum,  etc.,  etiam  si  aliunde  ille  muor  esset 
licite  exercitus,  quia  est  inter  solutos  et  causa  matrimonii.  .  .  .  si  amator  animad- 
vertat,  complicem  amoris  esse  graviter  tentatum  vel  alteram  urgere  verbis  turpibus 
vel  alio  mo'/o  ad  inhonesta  etc.,  etiamsi  alter  complex  nihil  tentetur  et  nullam  sen- 
tiat  inclinationem  ad  peccandum  ;  denique  universaliter  loquendo,  quotiescunque 
6b  causam  amoris  amator  vel  amatrix  frequenter  labitur  in  aliquam  rjravem  noxam  ; 
tunc  amor  induit  rationem  occasionis  proximce  mali  et  est  omnino  illicitus. — 
From  the  decree  of  Cardinal  Pico  de  Mirandola.     Cf.  Gaume,  1.  c. 

452  Cf.  S.  Alph.  Prax.  Conf .  n.  65 ;  Aertnys,  1.  c. ;  Gousset,  Moraltheologie, 
II.  n.  5G7. 


518  THE    MINISTER    OF    THE    SACRAMENT 

when  after  three  warnings  from  their  own  or  other  confessors 
(concerning  which  penitents  are  always  to  be  questioned)  they 
have  not  really  amended.  They  must  be  given  plainly  to  under- 
stand that,  until  they  have  really  amended,  they  cannot  expect 
absolution  from  their  own  confessors,  nor  claim  it  from  others."453 

Article   II 

HABITUAL    AND     RELAPSING     SINNERS 

67.   Definition  and  Treatment  of  Habitual  Sinners. 

An  habitual  sinner  is  one  who,  in  consequence  of  a  disposition 
or  tendency  which  he  has  acquired  by  oft-repeated  sinful  acts 
of  a  definite  kind, --such  as  blasphemy,  cursing,  perjury,  im- 
purity, —  frequently  falls  into  that  sin.454 

How  many  acts  suffice  to  constitute  a  sinful  habit  (habitus 
seu  consuetudo)  depends  upon  the  nature  of  the  sin  which  has 
been  often  committed  and  upon  the  manner  in  which  it  is  com- 
mitted, for  instance,  by  thought,  word,  or  action;  also  upon 
the  difficulty  or  ease  with  which  the  sin  is  committed  —  so  that 
the  more  easily  a  sin  is  committed  the  more  acts  are  required  to 
constitute  a  habit.  Sins  of  thought  and  speech  are  more  easily 
committed  than  sins  of  act,  those  which  are  incomplete  than 
those  which  are  completed ;  and  in  completed  acts,  those  w7hich 
are  committed  alone  are  more  easily  committed  than  those  which 
have  an  accomplice.  Moreover,  we  must  take  into  considera- 
tion the  length  of  time  which  elapses  between  the  separate  sinful 
acts  of  the  same  kind,  as  also  the  disposition  and  temperament 
of  the  person,  and  the  greater  or  less  intentness  of  the  will  in 
committing  the  sin. 

453  Handbook  for  Confessors,  chap.  III.  art.  5,  n.  328. 

454  See  Ballerini's  Discussion  of  the  definition  of  St.  Alphonsus  (Lib.  VI. 
n.  453)  and  Gury's  (1.  c.  n.  632)  in  his  Op.  Theol.  Mor.  1.  c.  cp.  1,  n.  214; 
on  the  other  hand,  Aertnys,  1.  c.  Append.  P.  II.  cp.  1.  n.  310. 


TREATMENT    OF    HABITUAL    SINNERS  519 

Thus,  according  to  the  words  of  St.  Alphonsus,  the  repetition 
of  an  external  sin  five  times  in  a  month,  if  between  the  separate 
acts  there  is  any  interval,  may  produce  a  habit.  In  sins  of 
luxuria  consummata,  with  a  complex,  for  instance,  fornicatio, 
sodomia,  a  much  smaller  number  of  repetitions  of  the  same  sin 
are  enough  to  constitute  a  habit  of  this  sin.  A  much  greater 
number  is  necessary  in  sins  of  speech  and  thought.  He  must 
undoubtedly  be  regarded  as  an  habitual  sinner,  who,  during  a 
considerable  time,  has  not  resisted  but  yielded  to  temptation 
of  a  definite  kind.  "However,  when  the  administration  or 
postponement  of  absolution  is  in  question,"  remarks  Lehmkuhl, 
"it  does  not  so  very  much  depend  upon  the  more  or  less  accu- 
rate definition  of  a  habit,"  seeing  that  there  is  no  reason  for 
excluding  a  penitent  from  absolution  on  account  of  a  sinful  habit 
if  he  has  a  real  wish  to  resist  it  or  lay  it  aside.455  Nevertheless, 
this  habit  —  like  the  occasion  of  sin  -  -  often  excites  a  suspi- 
cion that  the  penitent  is  not  disposed  and  inspires  apprehensions 
of  relapse.  The  confessor  must,  therefore,  be  cautious  in  ad- 
ministering absolution. 

As  a  rule,  the  habitual  sinner  who  is  not  in  immediate  occa- 
sion of  sin,  must  receive  absolution  if  there  is  reason  to  believe 
that  he  has  the  necessary  dispositions.  In  this  case  absolution 
is  to  be  given  when  there  has  been  no  previous  improvement, 
but  the  penitent  must  faithfully  promise  to  adopt  the  measures 
prescribed  for  his  amendment. 

In  the  case  of  such  a  penitent  we  must  not  presume  at  once 
that  he  intends  to  receive  the  holy  Sacrament  in  bad  disposi- 
tions; we  may  infer  from  the  fact  of  his  confessing  his  sins  that 
he  is  disposed,  as  spontaneous  confession  is  a  sign  of  repentance, 
unless  there  is  positive  ground  to  presume  the  contrary.  Nor 
may  we  say  that  the  sinful  habit  is  a  sign  of  indisposition,  for 
although  the  sinful  habitus  may  make  the  sinner  more  inclined 

455  Lehmkuhl,  1.  c.  n.  490. 


520  THE    MINISTER    OF    THE    SACRAMENT 

to  sin,  it  does  not  justify  the  supposition  that  he  has  no  firm 
wish  to  amend.458 

But  if  (1)  the  habit  is  already  deeply  rooted  (as  it  generally  is 
with  those  who  are  habitual  sinners  ex  mala  voluntate,  and  always 
with  those  who  have  been  addicted  to  any  vice  —  especially  that 
of  lust  —  for  a  long  time),  the  confessor  could  defer  absolution 
for  a  short  time,  in  accordance  with  the  principles  guiding  such 
postponement,  unless  some  other  circumstance  demands  the 
immediate  administration  of  absolution ;  this  he  could  do,  both 
in  order  to  learn  how  the  penitent  applies  the  prescribed  means 
of  amendment,  as  also  that  the  penitent  himself  may  conceive 
a  greater  horror  of  sin.457 

(2)  If  the  habitual  sinner  {in  peccato  mortali  habituatus)  is  a 
cleric  who  will  soon  receive  Holy  Orders,  absolution  must  also 
be  postponed ;  for  positive  goodness  is  necessary  in  such  a  pern- 
tent.  An  habitual  sinner  who  refuses  to  confess  several  times 
in  the  year,  cannot,  per  se,  be  refused  absolution  on  that  account ; 
for,  on  the  one  hand,  there  is  no  command  to  confess  several 
times  in  the  year,  and,  on  the  other  hand,  there  are  other  means 
which  could  be  prescribed  for  uprooting  the  habit  and  which 
are  very  suitable  and  efficacious  for  that  purpose.  A  different 
course,  however,  would  have  to  be  taken  if  the  other  remedies 
were  inefficacious;  for  many  penitents  can  only  find  a  suitable 
remedy  in  frequent  confession.  Hence  Toletus  says  very  justly 
(in  speaking  of  those  who  habitually  practice  pollution),  "I 
believe  that  there  is  scarcely  any  other  efficacious  remedy  for 
these  than  frequent  confession,  as  this  Sacrament  is  the  strong- 
est curb."458  And  still  more  clearly  and  decisively  does  St. 
Alphonsus  express  himself,459  saying,  "He  to  whom  a  grave 
sin,  especially  pollution,  has  become  a  habit,  and  who  does 
not  frequently  confess,  may  expect  amendment  only  through 
a  miracle." 

450  S.  Alph.  1.  c.  Lib.  VI.  n.  459.        468  Tnstr.  sacerd.  Lib.  V.  c.  13,  n.  6. 
457  S.  Alph.  H.  Ap.  Tr.  ult.  n.  8.       4«>  Lib.  VI.  n.  464. 


TREATMENT    OF   RELAPSING    SINNERS  521 

68.   Relapse,  and  the  Treatment  of  Relapsing  Sinners. 

Relapse  into  sin  signifies  literally  the  repeated  commission  of 
a  sin  already  confessed.  In  the  theological  sense,  those  are 
called  relapsing  sinners,  who,  after  several  confessions,  fall  into 
the  same  sins  again.  From  this  it  results  that  a  relapsing  sinner 
is  also  an  habitual  sinner,  but  not  every  habitual  sinner  is  a 
relapsing  sinner.460 

In  order  that  a  confessor  may  arrive  at  a  correct  judgment 
concerning  a  penitent  who  seems  to  be  a  relapsing  sinner,  he 
must  investigate:  (1)  if  the  sinful  habit  already  exists;  (2)  if 
the  penitent  has  already  been  admonished  by  another  confessor, 
and  if  he  has  known  the  means  of  amendment;  (3)  if  he  has 
applied  them  and  how ;  (4)  how  often,  and  under  what  circum- 
stances he  has  relapsed,  if  as  often,  or  more  often,  or  less  often, 
than  before;  if  immediately,  or  almost  immediately,  after  the 
confession,  if  in  severe  temptation,  or  after  long  resistance, 
and  when  he  sinned  last.  From  the  answers  he  receives  to 
these  questions  he  will  recognize  if  he  has  to  deal  with  a  relaps- 
ing sinner,  and,  at  the  same  time,  if  the  relapse  is  a  sign  of  want 

460  St.  Alphonsus  distinguishes  between  formal  relapsing  sinners  and  mate- 
rial. A  formal  relapsing  sinner  is  one  who,  having  been  instructed  and  hav- 
ing promised  amendment,  has  returned  to  his  former  sin  in  the  same,  or 
nearly  the  same  way,  and  with  the  same  ease;  that  is,  without  having 
endeavored  to  amend,  and  without  having  adopted  any  one  of  the  pre- 
scribed remedies.  A  material  relapsing  sinner  is  one  who  was  never  seri- 
ously admonished,  or  who,  in  spite  of  efforts  toward  improvement,  and  in 
consequence  of  inconstancy  of  will,  has  again  fallen  into  the  sins  already 
confessed.  H.  Ap.  Tr.  ult.  n.  9  (cf.  Vind.  Alph.  P.  VI.  cp.  1,  Tom.  II.  p. 
276).  In  a  word,  a  relapsing  sinner  is  one  who  has  contracted  a  sinful 
habit,  and,  after  confession,  has  fallen  into  the  same  sin.  S.  Alph.  Lib.  VI. 
n.  457.  Cf.  Aertnys,  1.  c.  n.  310:  Ballerini,  Notae  ad  Gury,  II.  n.  632;  Op. 
Theol.  Mor.  1.  c. ;  Lugo,  I)e  Poenit.  Disp.  14,  n.  160;  Salmant.  Tr.  17,  cp.  II. 
n.  167.  According  to  the  concurrent  teaching  of  theologians,  the  follow- 
ing elements  are  included  in  the  idea  of  relapse  in  the  theological  sense: 
(1)  frequens  relapsus  post  plures  confessiones ;  (2)  relapsus  in  eudem  (specie) 
peccata :  (3)  defectus  omnis,  etiam  inchoatos,  emendationis.  (Suarez,  Tr.  V. 
Lib.  III.  c.  8,  n.  7.) 


522  THE    MINISTER    OF    THE    SACRAMENT 

of  proper  dispositions.  The  relapsing  sinner  in  the  specified 
theological  sense  is  not  to  be  confounded  with  one  who  relapses 
into  a  single  sin  without  habit,  or  into  an  occasio  peccati,  that 
is,  one  who  has  not  kept  a  promise  to  give  up  an  occasion  of 
sin,  has  not  removed  the  occasion,  or  has  again  sought  it  (§  64, 
III),  whether  he  now  has  a  habit  of  sinning  or  not.  Here  we 
are  only  considering  the  recidivi  consuetudinarii ;  those,  there- 
fore, who  have  relapsed  into  the  habit  of  sin,  either  from  internal 
weakness,  or  in  consequence  of  external  occasion. 

Another  distinction  between  relapsing  sinners  is  not  to  be 
overlooked :  those  who  sin  only  in  consequence  of  the  force  of 
passion,  or  of  weakness,  in  such  sort  that  their  will  is  generally 
opposed  to  sin,  and,  therefore,  when  the  storm  of  passion  is 
over,  immediately  regret  having  committed  the  sin,  as  it  gen- 
erally happens  with  blasphemies,  curses,  and  often  with  pollu- 
tion,—  these  are  incontinentes  seu  habituati  in  peccato  tantum; 
whilst  those  who  sin  in  consequence  of  an  habitual  attachment 
to  sin,  or  from  malice,  and  therefore  without  the  preceding  vio- 
lent impulse  of  passion,  —  these  are  the  intemperati  seu  habituati 
in  voluntate  peccandi  who  are  not  so  easily  led   to  contrition. 

The  following  principles  are  to  be  observed  in  absolving 
relapsing  sinners :  — 

I.  The  confessor  must  carefully  examine  the  actual  disposi- 
tions of  a  relapsing  sinner  who  has  already  been  instructed 
and  admonished  sufficiently,  and  who  again  returns,  burdened 
with  the  same  sinful  habit,  without  having  made  any  attempt 
at  amendment,  or  applied  any  of  the  remedies  prescribed  for 
him  by  the  confessor.  Relapse  under  the  specified  circum- 
stances is,  of  course,  no  direct  argument  against  the  actual  dis- 
position of  the  sinner,  though  it  is  a  direct  argument  against 
the  sorrow  and  purpose  of  amendment  of  preceding  confessions. 
He  who  is  truly  sorry,  and  firmly  purposes  to  avoid  a  sin, 
will  refrain  from  it  at  least  for  a  time,  and  will  not  allow 
himself   to    be  overcome  in   the  very  first   struggle   with   the 


TREATMENT    OF    RELAPSING    SINNERS  523 

enemy.  It  is,  as  Lohmkuhl  rightly  says,  legitimate  to  draw 
an  indirect  conclusion  against  the  actual  disposition  if  the 
penitent  gives  only  the  same  signs  of  sorrow  as  before.461  His 
disposition  is,  therefore,  doubtful,  and  he  must  give  better 
proofs  of  it,  although  no  definite  rule  can  be  laid  down  as  to 
how,  and  to  what  extent,  this  proof  must  be  forthcoming.462 

461  Lehmkuhl,  1.  c.  n.  491. 

462  Cf.  Aertnys,  1.  c.  n.  313  ;  Lehmkuhl,  1.  c.  n.  493.  St.  Alphonsus  teaches 
that  such  penitents  can  only  be  absolved  when,  by  extraordinary  signs,  they 
have  removed  the  prejudice  against  their  actual  disposition  (as  we  have 
learnt  above,  §  50)  ;  and  the  holy  Doctor,  whom  many  later  theologians 
follow,  represents  tins  leaching  as  senteutia  communis.  Lib.  VI.  nn.  459  and 
505;  Prax.  Conf.  n.  20  in  hue.  But  Ballerini  questions  this,  remarking  that 
even  of  the  authors  cited  by  St.  Alphonsus  not  all  held  this  opinion.  Cf. 
Ballerini,  Opus  Theol.  Mor.  1.  c.  nn.  232-313;  Notae  ad  Gury,  II.  n.  636. 
Only  the  theologians  of  Salamanca  teach,  indeed,  that  these  extraordinary 
signs  are  a  help  in  forming  a  judgment  as  to  the  penitent's  preparation,  or 
that,  when  they  are  present,  postponement  is  not  to  be  resorted  to,  while. 
tiny  recommend  this  remedy  as  occasionally  profitable  and  beneficial  in 
uprooting  the  evil  habit.  Moreover,  they  always  teach  that  to  the  habitual 
sinner  the  general  rule  of  the  Roman  Catechism  may  be  applied:  "When 
(the  priest),  after  hearing  the  confession,  judges  that  neither  diligence 
in  the  confession  of  the  sins  nor  sorrow  in  their  detestation  has  been 
wholly  wanting  in  the  penitent,  he  can  absolve  him,"  without  limiting  (as 
does  St.  Alphonsus,  n.  459)  these  and  similar  expressions  to  the  habitual 
sinner  who  confesses  the  sinful  habit  for  the  first  time.  The  confessor  need 
not  be  convinced,  they  add,  that  the  penitent  will  keep  his  resolution,  if 
only  he  believes  that  the  latter  is,  at  the  time,  really  and  firmly  resolved 
to  amend.  But  if  they  sometimes  maintain  that  habitual  sinners  cannot 
be  absolved,  it  is  clear  from  the  context  (Ballerini  continues)  either  that 
only  those  are  meant  who  are  quite  certainly  unworthy  and  not  disposed, 
or  that  they  prescribe  this  in  order  to  avoid  scandal.  Ballerini  remarks 
further  that  relapse  does  not  show  positively  that  the  purpose  of  amend- 
ment in  former  confessions  was  not  sufficiently  efficacious;  the  human  will 
is  liable  to  alteration ;  still  less  can  want  of  sorrow  and  purpose  of  amend- 
ment in  the  actual  confession  be  inferred  (at  least  directly).  Cf.  Gury, 
Edit.  Ratisb.  V.  1874.  According  to  Ballerini,  the  controversy  turns  upon 
the  question,  When  has  (he  confessor  obtained  a  judicium  prudens seu proba- 
bile  concerning  the  disposition  of  the  relapsing  penitent  V  and  declares  (after 
emphatically  rejecting  the  teaching  of  St.  Alphonsus,  who  finds  this  judicium 
in  the  signis  extraordinariis),  that  there  are  two  things  indicating  the  actual 
disposition  of  the  penitent:   modus  confessionis  el  confessio  seu  testimonium 


524  TUE    MINISTER    OF    THE    SACRAMENT 

If,  however,  the  confessor  can  form  a  probabile  et  prudens 
judicium  concerning  the  actual  disposition  of  the  relapsing  peni- 
tent, he  may  absolve  him  even  if  he  has  often  relapsed,  unless 
perhaps  the  duty  of  giving  up  an  occasion  or  making  a  restitu- 
tion has  to  be  previously  fulfilled.  For  even  if  the  contrition 
of  the  penitent  is  only  momentary,  not  persistent,  it  is  yet  true 
contrition.  Because  this  contrition  is  not  persistent,  it  is  not 
sufficient  with  respect  to  its  final  operation, — namely,  the  attain- 
ment of  eternal  salvation;  but  because  it  is  true  sorrow  it  is 
sufficient  with  respect  to  its  immediate  effect,  namely,  that  of 
procuring  for  the  penitent  absolution.  As  absolution  conveys 
sacramental  grace,  it  increases  the  strength  of  the  penitent, 
enabling  him  to  persevere ;  moreover,  it  remits  mortal  sin,  so 
that  if  the  penitent  died  before  he  relapsed,  he  would  be  saved, 

pcenitentis.  As  to  the  signa  extraordinaria —  after  having  characterized  most 
of  them  as  deceptive  and  untrustworthy,  and  only  admitting  a  few  as  partly 
or  wholly  conducive  to  a  better  knowledge  of  the  disposition  of  the  penitent, 
Ballerini  observes  :  "  Hisce  indiciis  utique  utendum  esse  at  neque  Us  insisten- 
dum  adeo  esse,  ut  alia,  quae  insita  sunt  ipsius  sacramenti  natural,  negligantur 
neque  propter  eorum  defectum  debere  Confessarium  desperare  de  cognoscenda 
pcenitentis  dispositione  ac  multo  minus  cerium  de  defectu  disposition^  inde  judi- 
cium ferre."  Cf.  n.  310.  It  is  not  to  be  denied  that  the  relapsing  habitual 
sinner  can  be  truly  repentant  and  firmly  resolved  in  the  actual  confession ; 
the  confessor  must  also  believe  the  penitent,  whether  he  speaks  in  his  own 
favor  or  against  himself.  But,  on  the  other  hand,  it  is  not  to  be  denied 
that  the  penitent  has  shaken  belief  in  his  declaration  as  to  his  repentance 
and  resolution,  by  not  amending  at  all  and  by  not  adopting  remedies;  that 
he  is,  therefoi-e,  to  be  regarded  as  a  dubie  dispositus.  Finally,  the  confessor 
must  provide  for  the  reverence  due  to  the  Sacrament  and  for  the  salvation 
of  the  penitent,  and  therefore  must  not  straightway  content  himself  with 
the  latter's  assertion  that  he  is  sorry,  etc.  According  to  Gury  (Ratisb. 
edit.)  the  teaching  of  St.  Alphonsxis  may,  without  difficulty,  be  reconciled 
with  the  general  view  of  the  older  theologians.  For  the  signs  which  he 
calls  extraordinary  are  not  supposed  to  be  different  from  those  which  others 
call  regular  and  usual.  From  all  this  it  is  plainly  evident  that  St.  Alphon- 
sus  and  the  later  theologians  do  not  demand  anything  more  than  what  the 
older  theologians  demanded;  namely,  sufficient  signs  of  true  repentance ;  suf- 
ficient, also,  making  allowance  for  the  circumstances.  Gury,  II.  Edit, 
llatisb.  n.  640.     Appendix.  De  dilatione  absolut.,  etc. 


TREATMENT    OF    RELAPSING    SINNERS  525 

and  if  he  died  after  relapse,  in  statu  impamitentim,  he  would  be 
at  least  less  guilty  in  God's  sight,  as  his  former  sins  would  have 
been  effaced  by  absolution.  Moreover,  a  sinner  of  this  kind  — 
accustomed  to  the  reception  of  the  Sacraments,  frequently  in- 
structed by  his  confessor,  and  admonished  concerning  the  danger 
of  dying  in  mortal  sin,  the  punishments  of  hell  and  their  eternal 
duration,  the  divine  mercy  and  goodness,  and  the  frequent 
eliciting  of  sorrow  and  firm  purpose — will,  in  the  hour  of  death, 
if  no  priest  can  help  him,  be  more  easily  able  to  save  himself 
from  eternal  damnation  by  an  act  of  perfect  contrition.  Hence 
the  confessor  must  be  careful  to  exercise,  with  relapsing  sinners, 
that  great  prudence  spoken  of  in  the  Roman  Catechism,  lest, 
having  been  accustomed  to  receive  the  Sacraments,  they  be 
debarred  from  them  by  refusal  of  absolution,  or  by  imprudent 
postponement,  to  the  great  danger  of  their  eternal  salvation.463 

But  if,  as  remarked  above,  the  duty  of  abandoning  some 
occasion  of  sin  or  of  making  restitution,  etc.,  be  incumbent  on 
the  penitent,  it  may  be  made  a  rule,  for  the  first  time,  to  put 
off  absolution  till  he  has  performed  this  duty,  if  it  is  easier  for 
him  to  come  to  confession  again  than  to  perform  it;  and  this 
procedure  will  be  still  more  in  place  if  the  penitent  had  already 
once  failed  to  keep  his  promise;  indeed,  in  this  latter  case,  the 
penitent  should  only  rarely  be  trusted  before  he  has  really  ac- 
complished his  duty.  He  may  occasionally  and  by  the  way  of 
exception  be  trusted  if,  for  instance,  he  shows  special  signs  of 
a  firmer  resolution,  and  if,  on  the  other  hand,  it  would  be  very 
difficult  for  him  to  come  again  —  having,  perhaps,  made  a  long 
journey,  or  for  some  other  similar  reason. 

II.  Relapsing  sinners  whom  the  confessor  sees  to  be  insuffi- 
ciently disposed  must,  to  the  best  of  his  ability,  be  helped  to  a 

463  Cf.  Bucceroni,  Comment.  III.  De  absolut.  danda,  etc.,  §  5,  De  absol. 
consuetud.  et  recidiv.  This  author  points  out,  in  his  excellent  treatise,  that 
this  is  the  teaching  of  the  great  theologians,  Lugo  and  Suarez,  and  the  prac- 
tice of  the  saints. 


526  THE    MINISTER    OF    THE    SACRAMENT 

proper  state  of  mind  by  his  fatherly  and  zealous  admonitions. 
He  should  not,  therefore,  dismiss  such  penitents  by  at  once 
postponing  absolution,  still  less  by  a  prompt  refusal  of  it.  He 
should  rather  put  before  them  the  hideousness  of  sin,  the  value 
of  divine  grace,  and  the  danger  of  eternal  damnation.464  Such 
admonition  will,  if  imparted  in  the  proper  manner,  have  the 
desired  effect,  at  least  if  the  sinner  is  not  too  much  addicted 
to  sin.465 

If  the  penitent  should  respond  to  these  exhortations  of  the 
confessor  with  some  unusual  utterance,  such  as:  "Now  I  see 
the  greatness  of  my  misfortune,"  "Give  me  a  severe  penance," 
"This  time  I  am  very  sorry  for  my  sins,"  the  confessor  may  hope 
that  success  has  attended  them.  On  the  other  hand,  he  would 
have  to  fear  that  he  had  labored  in  vain  if  the  penitent  should 
answer  nothing  more  than  that  he  is  sorry,  that  he  wished  to 
avoid  sin,  or  if  to  the  confessor's  questions  he  only  gave  cold 
and  indifferent  answers.  But  here  also  the  character  and  edu- 
cation of  the  penitent  are  to  be  considered,  and  there  is  room  for 
deception.466 

III.  If,  in  spite  of  the  exhortation,  the  penitent  remains  indis- 
posed, the  confessor  must  postpone  absolution  till  he  has  received 
satisfactory  proof  of  amendment.  This  he  must  do  as  judge  in 
order  to  preserve  the  Sacrament  from  nullity,  and  also  as  phy- 
sician in  order  to  move  the  penitent  to  an  effectual  amendment. 

If  the  confessor  finds  himself  obliged  to  postpone  absolution, 
he  must  inform  the  penitent  of  it  in  the  gentlest  manner,  for 
the  good  physician  endeavors  to  make  bitter  medicine  taste 
pleasant.467    If,  however,  there  is  a  solid  reason,  absolution  may 

464  Cf .  S.  Alph.  1.  c.  n.  608 ;  Const.  Leonis  XII,  "  Charitate  Christi,"  25 
Dec,  1825. 

465  Cf.  Ballerini,  Opus  Theol.  Mor.  1.  c.  n.  311. 

466  Berardi,  1.  c.  n.  116.     Cf.  S.  Alph.  1.  c.  n.  460. 

,;T  S.  Alph.  Lib.  VI.  n.  459;  Praxis  Conf.  n.  5;  Leo  XII,  Const,  citat. ; 
Ballerini,  Opus  Theol.  Mor.  n.  313  ss.  Compare  §  52,  Postponement  of  ab- 
solution. 


TREATMENT    OF    RELAPSING    SINNERS  527 

be  given  to  a  doubtfully  disposed  relapsing  sinner  sub  condi- 
tione.  For  if  more  harm  than  benefit  is  to  be  anticipated  from 
the  postponement,  the  salvation  of  the  penitent  demands,  as 
St.  Alphonsus  says,468  that  the  Sacrament  be  exposed  even  to 
the  risk  of  nullity. 

The  confessor  may  act  in  accordance  with  the  above  prin- 
ciples in  the  following  cases:  — 

1.  In  danger  of  death,  that  the  penitent  may  not  be  lost.  . 

2.  On  account  of  imperfect  use  of  reason,  when  the  penitent 
is  weak  in  mind,  or  is  a  child  not  yet  arrived  at  an  adequate  use 
of  reason,  and  has  relapsed  into  doubtfully  grave  sins;  for  such 
penitents  require  absolution  in  order  not  to  remain  in  a  state 
of  mortal  sin,  and  on  the  other  hand  postponement  would  have 
no  effect  with  them. 

3.  When  the  confessor  fears  that  the  penitent  will  not 
return.  This  is  much  to  be  dreaded  by  reason  of  the  weak 
faith  of  many  people  and  their  scanty  zeal  for  the  welfare  of 
their  souls. 

4.  On  account  of  the  urgency  of  contracting  a  marriage  on 
the  same  or  the  following  day,  or  of  receiving  holy  communion, 
in  order  to  avoid  great  scandal;  and  even  if  a  doubtfully  dis- 
posed person  ought  not  to  communicate,  prudence  will  often 
suggest  to  the  confessor  not  to  inform  him  of  this. 

5.  On  account  of  the  difficulty  of  going  to  confession  again, 
that  is,  if  the  penitent  would  not  be  able  to  confess  again  for  a 
long  time,  as  a  prolonged  postponement  of  absolution  would  re- 
main without  fruit,  and  leave  the  penitent  during  that  time  in 
a  state  of  mortal  sin.  This  reason,  however,  does  not  suffice  in 
the  case  of  relapsing  sinners  who  have  neglected  to  make  resti- 
tution, to  terminate  an  enmity,  or  to  give  up  some  occasion  of 
sin.469 

IV.   Relapsing  sinners,  as  to  whose  dispositions  the  confessor 

468  L.  c.  nn.  431,  28. 

*69  S.  Alph.  1.  c.  n.  432.     Cf.  Berardi,  De  recidivis,  etc.,  n.  119  ss. 


528  THE    MINISTEli    OF    THE    SACRAMENT 

has  satisfied  himself,  may  be,  Mies  quoties,  absolved,  inasmuch 
as  he  is  judge. 

It  is  to  be  remarked,  however,  that  (a)  a  relapsing  sinner 
who  returns  for  the  first  time  can  be  more  easily  absolved  than 
if  he  comes  a  second  and  a  third  time  to  confession  after  having 
relapsed.  The  more  numerous  the  relapses  after  confession, 
the  stronger  is  the  presumption  against  dispositions.  (6)  If 
some  external  occasion  is  the  cause  of  this  relapse,  the  confessor 
must  the  more  seriously  consider  if  it  would  not  be  better  to 
postpone  absolution,  in  order  to  test  the  sincerity  of  one  who  has 
so  often  broken  his  promise  to  remove  or  abandon  this  occasion  ; 
and  he  must  not  give  credit  to  mere  promises,  or  even  to  tears. 
For  the  obligation  is  rather  to  remove  an  external  occasion 
of  sin  than  to  reduce  it  to  a  remote  occasion,  because  experience 
proves  abundantly  that  this  latter  course  is  very  difficult,  and 
it  is  in  many  cases  easier  to  abandon  the  occasion.470 

If,  however,  the  relapse  is  the  result  of  internal  weakness, 
and  the  penitent  does  not  seem  sufficiently  disposed  for  the 
reception  of  absolution,  the  confessor  should  employ  all  his 
zeal  and  charity  in  preparing  him  for  absolution.  For  the  grace 
of  the  holy  Sacraments  is  very  necessary  to  such  penitents, 
and  postponement  of  absolution  would  not  be  helpful  in  their 
case.  These  are  the  penitents  who  yield  to  violent  temptations, 
or  the  stress  of  passion,  in  consequence  of  internal  weakness 
(we  have  designated  them  above  recidivi  incontinenies) .  Never- 
theless, there  may  be  cases  in  this  class  of  penitents  also,  in 
which  severity  is  to  be  used,  or  in  which  holy  communion  at 
least  must  be  forbidden,  when  it  is  evident,  or  to  be  presumed, 
from  the  frequent  relapses  accompanying  the  frequent  re- 
ception of  the  Sacraments,  that  detestation  of  sin  and  firm 
resolution  have  been  or  are  wanting.  But  if  it  is  to  be  presumed 
that  the  relapse  takes  place  rather  in  consequence  of  the  Sacra- 

470  Cf.  Lehmkuhl,  1.  c.  n.  494. 


TREATMENT    OF    RELAPSING    SINNERS  529 

meats  being  seldom  received,  the  penitent  must  be  encouraged 
to  more  frequent  reception.471 

V.  Even  if  the  relapsing  sinner  could  absolutely  be  absolved, 
the  confessor  may  sometimes  postpone  absolution  for  a  short 
time  as  a  remedy,  if  he  believes  that  such  postponement  is 
necessary,  or  will  be  useful.  For,  of  two  suitable  remedies,  the 
physician  must  choose  that  one  from  which  the  bet  ten-  effect 
may  be  expected.  Now  it  is  universally  admitted  and  proved 
by  experience  that  an  occasional  postponement  of  absolution 
for  a  short  time  contributes  much  to  the  improvement  of  the 
habitual  sinner  by  increasing  his  detestation  of  sin  and  exciting 
his  zeal  in  the  work  of  amendment.  But  great  prudence  is 
demanded  in  venturing  upon  this  experiment,  especially  in  our 
times,  when  difficulty  of  any  kind  induces  weak  people  to  absent 
themselves  from  the  holy  Sacraments.472 

The  postponement  of  absolution  in  the  case  of  a  sufficiently 
disposed  relapsing  sinner  without  his  consent  is  certainly  not 
allowable,  if  it  either  failed  to  benefit  his  soul,  or  if  it  were 
to  bring  disgrace,  or  even  the  danger  of  it,  to  his  reputation. 
Except  in  these  two  cases,  postponement  of  absolution  is  left 
to  the  discretion  of  the  confessor.  St.  Alphonsus473  distin- 
guishes here  between  those  who  relapse  in  consequence  of  in- 
ternal weakness,  and  those  who  relapse  on  account  of  an  occasion*1* 
and  teaches  that  postponement  is  seldom  beneficial  with  the 
first  class ;  for  here  a  better  result  is  to  be  anticipated  from  the 
graces  of  the  Sacrament  than  from  postponement.  For  those 
especially  who  relapse  into  the  sin  of  pollution  there  is  no  more 
efficacious  means  of  amendment  than  frequent  confession; 
indeed,  without  this,  improvement  is  scarcely  to  be  hoped  for. 
But  an  opportune  threat  of  deferring  absolution  will  always 
prove  beneficial.  With  sinners  of  the  second  class  postponement 
is  useful  because  the  external  occasion  is  a  stronger  incitement 

471  Cf.  §  52,  IV.  472  Cf.  S.  Alph.  n.  459 ;  cf.  432. 

473  L.  c.  iin.  463,  4G4 ;  Praxis  Conf.  nn.  70,  77.  474  See  above,  IV. 


530  THE    MINISTER    OF    THE    SACRAMENT 

to  sin,  and  a  more  powerful  remedy  must  be  opposed  to  a  more 
powerful  agency  of  seduction;  moreover,  the  removal  of  the 
occasion  is  more  under  the  control  of  the  will  than  the  uprooting 
of  a  sinful  habit.  With  relapsing  sinners  of  the  first  class  a 
postponement  of  from  eight  to  ten  days  generally  suffices; 
from  two  to  three  weeks  would  be  the  longest  period  during 
which  absolution  should  be  deferred.  With  those  of  the  second 
class  a  postponement  of  ten  to  fifteen  days  will  generally  not 
suffice,  but  the  experience  obtained  within  the  space  of  a  month 
will  always  be  sufficient.  The  postponement  should  not  extend 
over  a  month,  if  the  penitent  cannot  come  under  the  influence 
of  the  occasion  during  the  course  of  this  time,  because  delay 
under  the  circumstances  would  be  useless. 

69.   Relapsing  Sinners  requiring  Special  Care. 

There  are  two  classes  of  relapsing  sinners  to  whom  the  con- 
fessor must  devote  special  care:  those  who  are  despondent, 
and  those  who  are  always  relapsing  into  the  sin  of  pollution. 

I.  As  to  the  first,  he  must  endeavor  to  find  out  the  cause  of 
their  despondency.  If  this  proceeds  (1)  from  the  strength  of 
the  sinful  habit,  the  confessor  must  take  care  not  to  excite  fear 
in  one  whose  will  is  good  but  who  makes  little  progress ;  on  the 
contrary,  he  must  praise  him  even  if  he  sees  only  a  slight  improve- 
ment, and  inspire  him  with  hope  of  finally  achieving  complete 
amendment  with  the  help  of  divine  grace.  Courage,  hope  of 
victory,  and  perseverance  are  necessary  to  such  a  penitent. 
If  he  falls  a  hundred  times,  he  must  rise  a  hundred  times  and 
renew  the  struggle;  victory  will  not  fail  him  who  perseveres. 
But  if  (2)  an  effeminate  disposition  accompanies  these  relapses, 
the  confessor  must  stimulate  the  penitent.  He  must  teach  him 
that  everything  is  possible  to  us  with  the  help  of  divine  grace, 
if  we  earnestly  will  and  wish  to  succeed;  for  so  St.  Augustine 
encouraged  himself  in  his  struggle  against  the"  flesh.     "When," 


RELAPSING   SINNERS  REQUIRING   SPECIAL   CARE     531 

he  writes,475  "  the  rooted  habit  said :  Do  you  think  you  can  live 
without  these  things?  Hope  spoke  encouragingly:  Can  you 
not  do  what  these  young  men  and  women  do?  And  are  they 
able  to  do  it  of  their  own  strength,  and  not  in  the  Lord,  their 
God?"  The  confessor  should  urge  the  penitent,  not  in  tempta- 
tion only,  but  in  all  his  doings,  to  act  bravely  and  manfully; 
he  should  seek  to  divert  him  from  everything  that  enervates 
the  mind.  If  the  despondency  has  its  origin  in  carelessness, 
let  the  confessor  point  to  the  terrible  punishments  of  sin  and 
endeavor  thus  to  arouse  salutary  fear.478 

II.  Pollution  is  a  truly  murderous  vice,  and,  according  to 
the  testimony  of  all  confessors  and  physicians,  appallingly 
prevalent.  Its  consequences  are  as  ruinous  as  its  cure  is 
difficult. 

If  the  confessor  purposes  to  terrify  unhappy  penitents  by 
depicting  the  dreadful  consequences  of  this  vice,  let  him  pro- 
ceed with  caution,  for  not  all  who  are  addicted  to  it  experience 
them  in  full  measure,  and  those  who  do  not  would  give  him 
the  lie.  Some  of  these  consequences  are :  nervous  prostration, 
consumption,  epilepsy,  spinal  diseases;  excess  saps  physical 
vigor,  dulls  the  understanding,  impairs  the  memory,  and 
hastens  death.  Depression  of  spirits  is  also  a  characteristic 
of  such  people,  a  result  partly  of  nervous  exhaustion  and  partly 
of  remorse.  Rarely,  indeed,  is  the  conversion  of  such  a  man 
effected  without  the  higher  motives  of  religion.  That  lie  must 
be  treated  with  extreme  prudence  is  evident.  Earnest  but 
loving  admonition  instilling  moral  strength  will  soonest  attain 
to  the  desired  end.  The  origin  of  the  evil  and  the  causes 
which  form  the  occasions  of  the  individual  sins  (which  must 
be  investigated)  will  suggest  appropriate  precautions.477 

475  Confess.  Lib.  VIII.  cp.  11. 

476  Reuter,  Neo-Confess.  n.  181  ;  cf.  Aertnys,  1.  c.  n.  314,  Q.  8. 

477  Compare  Capellmann,  Pastoral  Medicine,  B.  The  sixth  command- 
ment T. 


532  THE    MINISTER    OF    THE    SACRAMENT 

Here  are  some  rules  for  the  confessor  of  such  penitents :  — 

1.  Let  him  excite  in  them  a  great  longing  to  be  freed  from 
the  vice,  and  inspire  them  with  courage  for  the  struggle  and  hope 
of  ultimate  victory;  otherwise  his  remedies  will  be  fruitless. 
To  this  end,  let  him  point  out  the  danger  of  eternal  damnation  ; 
for  the  more  the  sins  accumulate  the  more  difficult  salvation 
becomes,  and  the  stronger  the  habit  the  weaker  the  will.  To 
inspire  courage  let  the  priest  reawaken  in  him  a  feeling  and  sense 
of  his  dignity  as  a  man  and  a  Christian,  which  is  outraged  by 
this  vice. 

2.  The  penitent  must  shun  all  dangerous  occasions,  avoid 
idleness  and  solitude;  take  no  part  in  improper  amusements, 
theaters,  and  dancing,  as  they  excite  impure  fancies  and  en- 
feeble the  mind. 

3.  Further  remedies  are:  frequent  prayer  —  especially  the 
"Hail  Mary"  in  honor  of  the  most  pure  Virgin,  each  time  re- 
newing before  her  picture  the  resolution  to  sin  no  more.  Medi- 
tation on  the  eternal  truths  will  always  prove  very  efficacious. 

4.  When  temptation  arises  the  penitent  should  turn  away 
his  mind  from  it  at  once ;  ■  and  if  it  persists,  confidently  pray, 
pronouncing  the  names  of  Jesus  and  Mary.  He  may  also  reflect 
upon  the  sufferings  of  Our  Savior,  on  the  eternal  flames  of  hell, 
the  presence  of  God.  Very  useful  also  is  a  fervent  act  of  love, 
accompanied  by  a  resolution  rather  to  die  than  to  sin. 

5.  One  of  the  surest  remedies  is,  undoubtedly,  marriage  — 
as  the  Apostle  also  teaches  (1  Cor.  vii.  2,  9).  Add  to  these 
other  natural  remedies  in  support  of  the  supernatural  ones, 
such  as:  moderation  in  eating  and  drinking  —  especially  absti- 
nence from  wine  and  stimulating  food  in  the  evening;  modera- 
tion in  sleep;  physical  exercise;  early  rising;  at  night,  prayer 
till  sleep  sets  in. 

But  in  order  that  the  confessor  may  select  suitable  remedies, 
he  must  know  the  physical  constitution  of  the  penitent  and  the 
circumstances   of   his   sins;    namely,  when,  where,  and  under 


RELAPSING   SINNERS   REQUIRING   SPECIAL   CARE      533 

what  conditions  ho  gone-rally  sins.  The  confessor  should  not 
omit  to  prescribe  or  recommend  such  of  the  above-mentioned 
remedies  as  are  adapted  to  the  penitent.478 

III.  From  the  rule  given  above,  according  to  which  relapsing 
habitual  sinners  can  be  absolved  when  they  arc  sufficiently 
disposed,  clerics,  who  wish  to  receive  Holy  Orders  immediately 
after  absolution,  form  an  exception.  They  may  not,  as  a  rule, 
be  absolved  till  satisfactory  proof  be  given  of  their  self-restraint. 
Such  a  penitent  must  first  have  laid  aside  his  bad  habit  during 
a  considerable  time,  at  least  during  several  months.  For  a 
sacred  minister  would  be  unworthy  to  assist  at  the  altar  if  he 
did  not  possess  the  virtue  of  confirmed  purity,  seeing  that  the 
higher  Orders  demand  perfection  in  those  who  enter  them, 
both  on  account  of  the  sacredness  of  the  duties  connected  with 
the  Orders,  as  also  on  account  of  the  good  example  which  they 
are  bound  to  give  to  the  faithful.  "  As  those,"  says  St.  Thomas, 
"  who  receive  Orders,  are,  by  virtue  of  their  dignity,  placed  above 
the  people,  so  must  they  be  conspicuous  also  by  the  merit  of 
holiness."  479  And  in  another  place  he  enforces  this  still  more, 
saying:  "As  the  minister  is  by  his  ordination  set  apart  for  the 
highest  office,  in  which  he  serves  Christ  Himself  in  the  Sacrament 
of  the  Altar,  a  greater  interior  holiness  is  demanded  for  this 
than  even  the  religious  state  requires."  480  Therefore,  it  by  no 
means  suffices  for  the  worthy  reception  of  Holy  Orders  to  be  in 
a  state  of  grace ;  positive  and  habitual  holiness  is  required.  St. 
Alphonsus  establishes  this  abundantly  from  Holy  Writ,  from 
the  definitions  of  the  Church,  and  from  the  teaching  of  the 
holy  Fathers. 

If,  therefore,  a  cleric  sincerely  promises  that  he  will  not  re- 
ceive Holy  Orders  while  addicted  to  such  bad  habit,  he  may  be 

478  Cf.  S.  Alph.  Lib.  TIT.  n.  209.  Lib.  V.  n.  8,  Lib.  VT.  nn.  464,  75 ;  Prax. 
Conf.  n.  6,  nn.  16, 124  ;  Segneri,  Tnstr.  Conf .  cp.  12  ;  S.  Leonard  a  Port.-Maur. 
Discors.  mist.  n.  19  ;  Aertnys,  1.  c.  n.  314,  Q.  7. 

479  Suppl.  Q.  35,  a.  1,  ad  3.  480  II.  II.  Q.  184,  a.  8. 


534  THE    MINISTER    OF    THE    SACRAMENT 

absolved;  still  it  would  be  preferable,  if  no  obstacle  presented 
itself,  to  postpone  absolution  for  a  time.  If,  however,  he  should 
persist  in  his  purpose  of  receiving  Holy  Orders,  he  would  thereby 
make  himself  unworthy  of  both  Sacraments.  An  exception 
is  to  be  made  in  the  case  of  a  person  favored  by  God  with  such 
extraordinary  compunction  that  he  is  quite  transformed  by  it 
and  delivered  from  the  old  weakness,  —  such  a  one  the  confessor 
can  absolve  and  admit  without  any  further  probation  to  Holy 
Orders.  But  in  this  case  also  the  confessor  should  endeavor 
by  every  means  to  induce  the  penitent  to  postpone  the  recep- 
tion of  Holy  Orders,  so  that  he  may  better  purify  himself  from 
the  bad  habit  and  carry  out  the  resolutions  he  has  made.  In- 
deed, if  the  penitent  will  not  postpone  the  reception  of  Holy 
Orders,  the  confessor,  as  physician,  may,  for  this  purpose  and 
for  his  spiritual  profit,  delay  absolution  so  as  to  force  the  former 
to  put  off  his  ordination.  This  applies  when  no  danger  of 
disgrace  arises  from  such  postponement,  for,  otherwise,  the 
penitent  who  gives  signs  of  extraordinary  sorrow  is  entitled 
to  immediate  absolution.  "Ceterum  Conjessarii  debent  esse 
difjiciles,  quantum  fieri  potest,  in  absolvendis  hujusmodi  ordinan- 
dis,  qui  postmodum  ordinarie  pessimi  evadunt  presbyteri  et  sic 
populis  et  Ecclesicu  perniciem  magnam  afferunt" 

The  above  holds  good  not  only  with  respect  to  the  vitium 
luxuria,  but  also  with  regard  to  any  other  vice. 

A  confessor  administering  absolution  according  to  the  above 
principles  provides  for  the  interests  of  the  Church,  as  well  as 
for  those  of  the  faithful  and  for  those  of  the  persons  to  be  or- 
dained.481 If  it  is  objected  that  the  person  to  be  ordained 
would  be  brought  into  evil  repute  by  such  proceeding,  it  may  be 
answered,  in  denial  of  this,  that  ordination  may  be  postponed 
for  many  reasons  and  that  pious  youths  not  infrequently  desire 
such   postponement.     And  if   the   consequences  stated   in   the 

481  S.  Alph.  H.  Ap.  Tr.  ult.  nn.  16,  17,  Lib.  VI.  nn.  63-77 ;  Benedict  XIV, 
De  Synod.  Lib.  XI.  c.  2,  n.  17. 


RELAPSING   SINNERS  REQUIRING   SPECIAL   CARE     535 

objection  were  really  to  supervene,  the  evils  resulting  from 
hasty  ordination  are  by  far  more  fatal.  Nor  is  the  want  of 
priests,  which  prevails  nearly  everywhere  in  our  days,  reason 
for  rejecting  the  above  teaching,  which  is  entirely  based  upon  the 
principles  of  the  saints  and  of  the  Church.  It  would  be  a  dan- 
gerous remedy  to  apply  to  the  evil  of  scarcity  of  priests.  More- 
over, experience  of  centuries  proves  that  the  number  of  priests 
increases  when  and  where  the  discipline  of  the  Church  is  strictly 
enforced.  St.  Thomas  remarks,  "God  never  so  abandons  His 
Church  that  worthy  servants  of  the  altar  in  sufficient  numbers 
are  not  to  be  found,  if  only  the  worthy  are  ordained  and  the 
unworthy  debarred  from  ordination."  482 

To  conclude  this  very  important  section,  we  will  call  the 
attention  of  the  confessor  to  two  Instructions  given  by  the 
Congregation  de  Propag.  Fide.  In  these  the  practice  of  "in- 
discriminatim"  absolving  relapsing  sinners,  adopted  by  some 
confessors,  is  strongly  rebuked  and  condemned.  One  Instruc- 
tion (Aug.  1827)  appeals  first  to  the  twofold  power  of  absolv- 
ing and  remitting  sin  to  which  this  practice  is  entirely  opposed, 
and  then  to  the  teaching  of  the  Rituale  Roman.  (Tit.  De  Sacram. 
Poenit.) :  "But  let  the  priest  take  heed  when  and  to  whom  abso- 
lution is  to  be  administered  or  refused."  Now  this  would  not 
be  prescribed  if  absolution  were  to  be  given  to  all  without  dis- 
tinction, including  relapsing  sinners  and  penitents  living  in  a 
habit  of  sin.  The  penitents  being  divided  (as  above  specified) 
into  three  classes,  to  whom  absolution  is  to  be  given,  or  post- 
poned, or  refused,  respectively,  the  Instruction  concludes: 
"Thus  teach  prudent  theologians,  the  Instructions  given  to 
confessors  by  St.  Charles  Borromeo,  and  by  St.  Francis  of  Sales. 
Confessors  must  reflect  that,  from  too  great  ease  in  obtaining 
absolution,  there  results  a  great  ease  in  sinning."  In  the  other 
Instruction  (April,  1784)  the  confessor  is  reminded  of  his  duty 

482  Suppl.  Q.  3G,  art.  4,  ad  1.     Cf.  Tnnoc.  III.  in  cap.  14,  de  act.  et  qual. 


536  THE    MINISTER    OF    THE    SACRAMENT 

to  examine  into  the  gravity  of  the  sins,  the  obstinacy  of  the 
malady,  and  the  dispositions  of  the  penitent.  He  must,  there- 
fore, carefully  inquire  if  the  penitent  has  true  sorrow ;  if  he  has 
entered  upon  a  new  life,  detesting  the  former;  if  he  promises 
amendment  with  the  heart,  and  not  with  the  mouth  alone; 
if  he  has  abandoned  the  occasions  of  sin;  if  he  has  applied  the 
remedies  previously  recommended  to  him;  if  he  has  laid  aside 
the  habit  of  sinning;  if,  having  previously  received  absolution, 
he  has  relapsed  into  the  same  sins  in  consequence  of  his  de- 
pravity; if  he  is  ready  to  repair  injury  inflicted.  These,  and 
many  other  things,  the  confessor  must  examine  before  he  con- 
fers upon  the  penitent  the  blessing  of  absolution.483 

70.   Penitents  aiming  at  Perfection. 

As  we  have  seen  in  previous  sections,  the  confessor  must 
treat  with  great  care  and  zeal  those  penitents  who  are  stained 
with  grave  sins  and  vices;  but  he  must  not,  on  that  account, 
neglect  those  who  are  striving  after  virtue  and  perfection.  A 
penitent  who  has  preserved  himself  free  from  grave  sin  and  is 
capable  of  perfection  claims,  as  St.  Alphonsus  teaches,  all  the 
confessor's  care  as  guide  along  the  path  to  perfection  and  divine 
love.484 

But  as  this  is  no  light  and  easy  matter,  and  as  it  involves 
responsibility  on  the  part  of  the  confessor,  he  must  pray  to 
God  for  light  and  endeavor  to  learn  the  natural  disposition  of 
the  penitent  and  the  operation  of  the  Holy  Ghost  in  his  soul. 
For  all  are  not  to  be  led  in  the  same  manner.  The  phlegmatic, 
the  choleric,  the  melancholy,  and  the  sanguine  must  all  be 
differently  treated.  While  the  phlegmatic  must  be  spurred  on 
that  they  may  not  become  lukewarm,   the  choleric  must  be 

483  Cf.  Collectanea  S.  Sedis,  nn.  497,  494. 

484  Praxis  Conf.  cp.  9,  n.  121.     Compare  the  excellent  treatise  in  Benger's 
Pastoral  Theology,  Rook  4,  §  172.     Perfection. 


PENITENTS    AIMING    AT    PERFECTION  537 

restrained  that  they  may  not  go  too  far,  whilst  they  arc  guided 
to  the  nobler  and  more  exalted  works  and  exercises  in  the  ser- 
vice of  God.  With  the  melancholy,  care  must  be  exercised 
that  they  do  not  give  way  to  sadness,  do  not  isolate  themselves, 
and  imagine  everything  more  difficult  than  it  is  in  reality;  the 
sanguine  must  be  prevented  from  allowing  themselves  to  be 
hurried  by  natural  impulse  into  what  exceeds  their  strength; 
the  confessor  must  insist  upon  their  weighing  everything 
well,  and  then  acting  with  firmness.485  The  guide  of  souls 
seeks  to  recognize  the  operation  of  the  Holy  Ghost  in  his 
penitents,  and  he  will  carefully  follow  up  this  operation.  For 
the  Holy  Ghost  dwells  in  the  soul  of  the  just  man;  He  is  the 
teacher  of  the  interior  life  and  the  invisible  guide  to  perfection. 
The  confessor's  duty  is  to  cooperate  with  the  Holy  Ghost.  St. 
Ignatius  remarks  wisely:  "To  wish  to  lead  all  to  perfection 
by  the  same  road  is  full  of  danger;  such  a  one  does  not  under- 
stand how  manifold  and  abundant  the  gifts  of  the  Holy  Ghost 
are." 

Nevertheless,  there  are  certain  general  principles  and  rules 
which  are  useful  to  all  in  obtaining  Christian  perfection.  As 
the  saints,  approved  theologians,  and  masters  of  the  spiritual 
life  have  laid  them  down,  we  reproduce  them  here  in  brief: — - 

1.  Perfection  consists  for  each  one  in  performing  well  his 
ordinary  work;  and  he  docs  it  well  who  does  it  because,  and 
when,  and  as  God  wishes  —  His  most  holy  Will  being  the  source 
and  rule  of  all  perfection. 

2.  Penitents  must  be  led  gradually  and  regularly  (non  per 
saUum)  to  perfection ;  for  example,  they  must  first  act  with 
the  right  purpose  and  intention  and  learn  to  imitate  the  actions 
of  Christ  before  they  contemplate  higher  things;  they  should 
first  learn  to  bear  easier  trials  patiently  before  demanding  more 
difficult  ones. 

^Renter,  Xeo-Confess.  n.  245.  Cf.  Lehmkuhl,  1.  c.  n.  499;  Benger, 
§171.  ii.  5,  I. 


538  THE    MINISTER    OF    THE    SACRAMENT 

3.  The  confessor  should  admonish  them  constantly  to  cherish 
the  desire  for  greater  perfection,  even  if  in  certain  instances 
they  never  seem  to  attain  to  it ;  for  such  a  desire  will  have  this 
effect,  that  they  will  at  least  reach  that  perfection  of  which  they 
are  capable  and  they  will  acquire  greater  merit. 

4.  He  must  instruct  them  to  confess  every  week,  and  induce 
them  to  avoid  even  venial  sins  which  are  voluntary  and  deliber- 
ate, also  to  give  up  any  attachment  to  these  sins.  Those  who 
confess  venial  sins  which  they  have  not  committed  with  delibera- 
tion, but  from  human  weakness,  must  always  be  absolved;  those 
who  have  committed  venial  sins  with  deliberation,  but  not  from 
habitual  attachment  to  them,  must  be  absolved,  but,  at  the 
same  time,  helped  and  incited  earnestly  and  zealously  to  en- 
deavor, by  employing  the  means  recommended  by  the  confessor, 
to  avoid  them;  those  who  are  accustomed  to  confess  venial 
sins  which  they  have  committed  without  any  resistance,  from 
habitual  attachment  or  custom,  give  rise  to  the  suspicion  that 
they  are  not  properly  disposed;  the  confessor,  therefore,  must 
dispose  them  to  true  sorrow  for  at  least  one  venial  sin,  and  to  a 
firm  purpose  of  amendment,  in  order  that  they  may  be  absolved 
without  sacrilege.  Occasionally,  however,  as  in  the  case  of 
other  relapsing  sinners,  absolution  may  be  postponed.  The 
confessor  should  not  easily  forbid  them  to  confess  their  imper- 
fections,—  for  example,  that  they  have  not  consecrated  their 
actions  of  the  day  to  God,  nor  said  the  prayers  of  a  confrater- 
nity, etc.,  —  because  such  self-accusations  contribute  to  a  better 
knowledge  of  the  penitent's  spiritual  state,  exercise  humility, 
and  produce  tenderness  of  conscience;  besides  these  imperfec- 
tions often  go  along  with  some  venial  sin.486  The  same  applies 
to  the  transgression  of  those  rules  in  a  Religious  Order  which  do 
not  bind  under  sin.  And  if  the  penitent  confesses  only  imper- 
fections which  do  not  positively  amount  to  venial  sins,  or  other 

486  Cf.  Lugo,  De  Poen.  Disp.  16,  Sect.  2,  n.  103. 


PENITENTS    AIMING    AT   PERFECTION  539 

doubtful  sins,  let  the  confessor  observe  what  we  have  said  above 
(§  6).  Let  him  see  that  they  always  go  to  holy  communion 
well  prepared  and  not  from  mere  custom;  for  a  single  com- 
munion after  good  preparation  is  worth  more  than  many  com- 
munions received  in  a  state  of  tepidity.  The  confessor,  however, 
must  distinguish  carefully  true  zeal  and  fervor  from  sensible 
devotion. 

5.  The  confessor  should  teach  them  to  master  their  passions; 
especially  their  predominant  ones,  for  which  purpose  the  par- 
ticular examination  is  eminently  adapted.  He  should  induce 
them  to  practice  virtues,  and  that  in  the  right  order,  namely: 
(a)  first  the  virtues  demanded  by  their  position  and  profession ; 
he  should  not,  therefore,  permit  young  women  to  hurry  from 
one  Church  to  another,  or  to  remain  there  longer  than  is  right 
and  necessary,  thus  neglecting  important  duties,  their  families, 
etc.  He  should  exhort  them  rather  to  perform  their  household 
work  faithfully  and  zealously;  (6)  they  should  be  instructed 
to  practice  more  zealously  those  virtues  against  which  they  are 
tempted;  finally  (c),  he  should  exhort  them  not  to  prefer  those 
virtues  which  are  more  conspicuous  and  more  esteemed  by  men, 
but  to  strive  after  those  which  are  in  themselves  more  excellent 
and  useful  and  more  pleasing  to  God,  such  as  humility,  obe- 
dience, meekness,  patience.487  (d)  He  should  also  urge  them 
to  be  faith  fid  in  small  things;  for  God  does  not  generally  ask 
great  things  from  us.488 

6.  He  should  not  impose  upon  them  extraordinary  exercises; 
indeed,  he  should  not  even  permit  them  easily.  At  the  same 
time  he  must  not  prevent  mortifications  and  practices  of  penance, 
even  exterior  ones;  but  they  must  be  proportioned  to  the 
corporal  and  spiritual  powers  of  the  penitent,  What  saints 
have  sometimes  done,  or  allowed  others  to  do,  cannot  serve  as 
a  rule,  but  is  more  to  be  admired  than  imitated. 

487  Cf.  S.  Franc.  Sales,  piiloth.  P.  III.  cp.  1  et  2. 

488  Franc.  Sal.  ibid.,  cp.  35. 


540  THE    MINISTER    OF    THE    SACRAMENT 

The  confessor  must  also  have  regard  for  the  special  dangers 
and  temptations  which  may  attend  those  who  are  striving  after 
perfection :  — 

1.  Those  who  at  first  were,  by  God's  grace,  cheered  with 
spiritual  consolation  easily  lose  courage  and  relax  in  their  zeal 
when  He,  for  their  trial,  and  to  lead  them  to  higher  things, 
withdraws  from  them  sensible  devotion.  If  the  confessor 
observes  this,  he  must  instruct  them  in  what  true  progress  and 
true  virtue  consist;  but  penitents  must  be  warned  in  advance 
of  this  state  of  the  soul. 

2.  The  devil  seeks  to  make  those  who  are  progressing  in  virtue 
believe  that  they  have  advanced  far  enough,  and  endeavors  to 
produce  within  them  the  beginnings  of  lukewarmness.  They 
become  negligent  in  their  accustomed  pious  exercises,  lay  aside 
first  one  and  then  another  mortification,  and  begin  to  disregard 
slight  faults.  In  this  there  is  a  great  clanger  lest,  gradually 
relaxing  in  zeal,  they  at  length  fall  into  grave  sin  at  the  first 
temptation,  which  the  devil  prepares  for  them  when  they  have 
become  sufficiently  tepid.  It  is  difficult  to  perceive  the  begin- 
ning of  lukewarmness,  but  not  its  progress,  and  when  the  evil 
shows  itself,  the  confessor  must  endeavor  with  zeal  and  prudence 
to  check  it  and  prevent  it  from  becoming  worse.  To  this  end 
the  penitent  may  be  ordered  to  resume  all  the  pious  exercises 
which  he  has  neglected;  he  should  be  reminded  of  the  loss 
of  grace,  of  its  value,  the  dangers  of  lukewarmness.  If  the 
penitent,  before  his  relapse,  had  made  considerable  progress  in 
virtue,  he  should  be  admonished  to  make  a  retreat.  The  con- 
fessor should  not  abandon  hope  even  if  the  penitent  has  seriously 
failed.  He  must  receive  him  in  a  friendly  manner  and  show 
compassion,  for  in  this  case  severity  would  be  poison.  He 
should  remind  him  of  Peter  and  Magdalen,  who  obtained  so 
many  graces  by  their  tears  of  sorrow  and  rendered  themselves 
worthy  of  the  special  love  of  Our  Savior.  On  the  other  hand, 
the  confessor  must  urge  the  penitent  to  love  God  more,  to  de- 


PENITENTS    AIMING    AT    PERFECTION  541 

velop  greater  zeal  in  His  service,  and  to  repair  his  shortcomings 
by  redoubled  obedience,  to  adore  the  divine  Justice,  to  humble 
himself  deeply,  and  to  live  more  carefully  in  the  future. 

If  the  penitent  informs  the  priest  that  he  has  had  extraor- 
dinary consolations,  and  that  his  methods  of  prayer  are  unusual, 
tin1  latter  should  not  show  himself  altogether  incredulous  in 
these  matters;  but  should  calmly  and  carefully  examine  if  any 
signs  of  hallucination  are  present.489 

Whilst  there  would  be  danger  in  promoting  the  deceptions 
of  Satan  by  imprudent  credulity,  very  great  injury  might  be 
done,  on  the  other  hand,  by  incredulity  and  contempt.  That 
he  may  not  be  taken  unawares,  the  confessor  should  familiarize 
himself  with  treatises  on  spiritual  life;  for  even  in  the  humblest 
station  of  life  God  may  manifest  His  special  graces.490 

We  give  a  few  general  rules :  — 

1.  We  must  be  more  careful  when  the  sense  of  spiritual  con- 
solation in  a  penitent  has  been  preceded  by  some  external  cause, 
or  when  some  object  which,  in  the  natural  course  of  things 
might  produce  such  consolation,  has  been  presented  to  the  senses, 
than  in  the  case  of  consolation  by  which  suddenly,  and  without 
any  previously  existing  cause,  the  higher  powers  of  the  soul 
seem  filled  with  great  light.  The  cause  of  the  latter  can  only  be 
God  (St.  Ignatius).  For  only  God  can  directly  influence  the 
higher  faculties  of  the  soul  -  -  the  understanding  and  the  will. 
The  devil  can  only  do  so  indirectly ;  he  can  cause  sensible  devo- 
tion, excite  tears  and  other  effects  which  depend  upon  the 
bodily  powers  (Reuter). 

489  Reuter  says :  "  It  is  indeed  true,  as  the  Apostle  remarks  in  the  First 
Epistle  to  the  Corinthians,  that  the  Spirit  of  God  is  wont  to  instruct  us  Him- 
self and  through  the  ministry  of  His  good  angels.  Not  seldom,  however, 
Satan  transforms  himself  into  an  angel  of  light,  deceiving  men  with  the 
intention  of  ruining  their  souls.  Those  become  easily  entangled  in  these 
snares  who  are  presumptuous  in  spiritual  matters."     Neo-Conf.  n.  247. 

490  Scaramelli,  Directorium  mysticum;  S.  Alpli.  Praxis  Confess,  nn.  247- 
*J.")1  :  St.  Ignatius  of  Loyola,  Book  of  Exercises;  Coinp.  Zenner,  Instr.  pract. 
Confess.  P.  II.  Sect.  II.  cp.  1,  §  261 ;  the  Monita  S.  Philippi  Nerii. 


542  THE    MINISTER    OF    THE    SACRAMENT 

2.  The  good  Spirit  suggests  nothing  which  is  opposed  to  truth, 
to  Holy  Writ,  the  doctrines  of  the  Church,  the  practices  of  the 
saints,  the  life  of  Christ;  nor  anything  frivolous,  idle,  inap- 
propriate. 

3.  The  good  Spirit  incites  to  self-denial,  to  mortification, 
endurance  of  adversity,  imitation  of  Christ,  resignation  to  the 
will  of  God,  submission  of  private  judgment,  perfect  obedience, 
humility. 

4.  The  good  Spirit  is  modest,  and,  therefore,  proceeds  to  all 
its  work  in  an  orderly  manner ;  it  incites,  as  a  rule,  only  to  what 
is  usual  and  ordinary  and  adapted  to  each  one's  powers,  without 
the  intervention  of  miracles.  For  the  ordinary  road  to  heaven 
is  God's  own  design;  and  if,  nevertheless,  He  sometimes  in- 
spires extraordinary  things,  it  is  almost  exclusively  in  the  case 
of  souls  who  are  already  rooted  in  humility  and  do  not  strive 
after  empty  honors. 

5.  It  is  a  sign  of  the  operations  of  the  Holy  Spirit  when  the 
penitent  is  humble  of  heart,  not  desiring  extraordinary  things, 
not  aspiring  to  astonishing  exercises,  making  his  holiness  con- 
sist in  the  faithful  performance  of  the  ordinary  duties  of  life, 
holding  himself  unworthy  of  the  gifts  of  God,  not  exalting  him- 
self above  others  on  account  of  these  gifts,  rejoicing  to  be 
despised  if  the  confessor  treats  his  lights  as  pure  illusions,  main- 
taining secrecy  about  his  gifts. 

6.  But  even  when  an  emotion  does  come  from  God,  a  tempta- 
tion from  the  devil  or  some  inordinate  natural  affection  may 
intrude  itself,  so  that  one  might  conclude  that  the  consolation 
or  the  light  which  the  penitent  has  received  is  not  from  God; 
as,  for  instance,  would  be  the  case  where  signs  of  pride  were 
visible. 

But  whatever  be  the  origin  of  these  interior  emotions  and 
illuminations,  the  individual  must  always  employ  them  for  the 
purpose  of  increasing  his  contempt  of  self,  both  in  his  own  eyes 
and  those  of  others,  in  intensifying  his  longing  to  imitate  Christ 


HYPOCRITICAL    PENITENTS  543 

in  His  poverty,  humility,  and  suffering;  and  if  he  zealously 
pursues  this  object,  the  purposes  of  the  devil  will  be  defeated 
if  the  inspirations  emanated  from  him. 

7.  Obedience,  even  against  the  proper  judgment,  is  a  good 
sign,  and  absolutely  necessary.  Gladly  and  readily  revealing 
what  seems  to  redound  to  one's  credit,  seeking  praise  by  means 
of  extraordinary  gifts,  displeasure  if  the  confessor  hesitates,  are 
bad  signs. 

The  confessor  should  not  wish  to  have  as  penitents  persons 
who  lay  claim  to  extraordinary  gifts,  nor,  prompted  by  vanity, 
should  he  take  pleasure  in  the  flatteries  which  such  persons 
offer  to  him.  If  he  is  so  foolish  and  vain,  he  can  only  ascribe  it 
to  a  just  judgment  of  God  if  he  at  last  discovers  that,  in  pun- 
ishment of  his  vanity  and  imprudence,  persons  who  suffered 
from  illusions  have  deluded  him  also.491 

71.   Hypocritical  Penitents. 

The  confessor  must  be  able  to  distinguish  penitents  who  seri- 
ously strive  after  perfection,  truly  pious  penitents,  from  those 
whose  piety  is  merely  a  cloak.  The  piety  of  these  latter  consists 
entirely  in  outward  practices;  they  visit  churches  a  great  deal, 
say  many  prayers,  go  to  confession  often,  and  receive  holy  com- 
munion several  times  in  the  week.  And  yet  they  neither  know 
anything  of  true  and  solid  virtue,  nor  strive  after  it,  but,  on 
the  contrary,  are  full  of  faults.  They  remain  longer  in  church 
than  is  necessary,  with  the  result  that  parents,  husband,  or  wife 
are  inconvenienced,  and  household  duties  are  neglected.  They 
receive  the  Sacraments  often  —  to  be  seen  and  praised  by  men; 
and  if  the  confessor  does  not  allow  them  to  approach  holy  com- 
munion as  often  as  they  wish,  they  are  angry  with  him.  In 
the  confessional  they  wish  to  talk  much  to  the  confessor  when 

491  Lehmkuhl,  I.  c.  n.  505.     Compare  Benger,  Pastoraltheologie,  (1  Ed.) 
Vol.  HI.  §  174,  (2  Ed.)  Vol.  II.  Book  4,  §  174. 


544  THE    MINISTER    OF    TI1E    SACRAMENT 

there  is  neither  use  nor  necessity  for  it.  The  spirit  of  mortifi- 
cation is  utterly  wanting  in  them ;  they  are,  therefore,  attached 
to  the  pleasures  of  the  table,  dislike  work,  and  are  loquacious. 
They  are  neither  humble  nor  obedient;  they  do  not  submit  to 
the  guidance  of  their  confessor,  but  act  as  though  he  should 
rather  obey  them;  they  deceive  him  by  confessing  trivial  sins 
and  concealing  grave  ones.  They  seek  praise  and  honor,  are 
impatient  under  correction,  despise  others,  and  blame  them  arro- 
gantly. They  are  wanting  in  charity,  and,  consequently,  cause 
trouble  among  their  familiars;  they  envy  others,  are  given  to 
anger,  have  no  care  for  the  honor  and  good  name  of  others,  etc. 
With  these  hypocritical  persons  must  be  classed  those,  par- 
ticularly women,  who  wish  to  unite  piety  to  a  worldly  life. 

But  there  is  another  class  of  women  who  adorn  themselves 
with  a  show  of  piety;  namely,  those  quae  sunt  captcc  amore  Con- 
fessarii.  Malum  profecto,  quo  non  ipsa'  tantum  in  perniciem 
ruunt,  sed  etiam  Confessarium,  nisi  eos  dimittat,  ruinai  participem 
reddunt.  Persona  talis  nullam  habet  requiem;  torquet  earn  desi- 
derium  colloquendi  cum  Confessario  unde,  quoties  facultas  ipsi  est, 
ad  Confessarium  redit;  torquet  earn  sollicitudo,  qua  illi  placere 
gestit,  diffide?itia  et  metus  ne  ab  ipso  deseratur,  zelotypia  ne  alia" 
apud  ilium  gratia  magis  polleant.  The  confessor  must  repri- 
mand them  in  season  or  out  of  season,  that  they  may  enter  into 
themselves,  and  strive  after  true  and  solid  piety.  If  he  is  not 
successful,  he  must  endeavor  to  rid  himself  of  them,  or  dispatch 
their  confessions  quickly.  There  are,  moreover,  extraordinary 
possibilities  of  hypocrisy  in  some  women.  "All  malice  is  short 
compared  to  the  malice  of  a  woman,"  according  to  Jesus  Sirach 
(25,  26).  Inde  contigit,  ut  feminrc  falso  devotee  finxerint  se  infir- 
mas,  postea  miraculo  sanatas  atque  publicas  gratiarum  actiones 
impetrarint  pro  valetudine  sic  recuperata;  alia1  finxerunt  vexa- 
tiones  et  verbcra  a  dcemone  ipsis  illata  :  alios  ementitce  sunt  visiones 
et  revelationes,  necnon  extases  simularunt  aliaque  portenta  fabricator 
sunt.     By  such  cunning  contrivances  these  persons  wish  to  draw 


SCRUPULOUS    PENITENTS  545 

the  attention  of  others  towards  themselves,  and  to  be  honored 
and  admired,  or  to  excite1  the  pity  of  priests,  vel,  <jit<><l  pejus  est, 
castitati  alien  jus  Sacerdotis  insidias  struere  volunt.  The  best 
remedy  against  all  this  is  not  to  believe  such  things,  and  to  ignore 
the  persons  in  question.492 

72.   Scrupulous  Penitents. 

No  little  trouble  is  caused  to  confessors  by  scrupulous  per- 
sons. The  word  "scruple,"  in  its  real  and  primary  sense,  means 
a  little  stone  which  inconveniences  the  wayfarer.  Similarly, 
in  its  transferred  sense,  it  means  some  little  spiritual  obstacle 
which  prevents  a  man  from  performing  an  action  because,  for 
some  vain  and  worthless  reason,  he  fears  that  he  will  commit 
sin.  A  scruple  is,  therefore,  fear  of  sinning,  where  no  ground 
for  fear  exists.  The  confessor  must  know  the  signs  of  scruples, 
their  causes,  and  their  remedies. 

I.    Marks  of  scrupulosity :  — 

We  will  premise  that:  (1)  a  person  is  not  scrupulous  because 
he  has  a  scruple  occasionally,  but  only  when  he  is  habitually 
subject  to  them ;  (2)  frequently  a  man  himself  cannot  tell  if 
he  is  scrupulous  or  only  of  an  anxious  conscience ;  he  must,  there- 
fore, rely  upon  the  judgment  of  a  prudent  confessor;  (3)  the 
confessor  himself  cannot  always  positively  decide  when  he  first 
treats  a  penitent  if  he  is  scrupulous  or  not;  he  must,  therefore, 
abide  and  observe  till  he  knows  the  penitent  better,  for  as  it  is 
dangerous  to  treat  a  scrupulous  person  according  to  general 
rules,  it  is  injurious  to  guide  others  by  the  rules  applicable  only 
to  the  scrupulous;  (4)  the  confessor  must  use  very  great  dis- 
cretion and  prudence  in  dealing  with  penitents  who  are  scru- 
pulous on  one  point  but  lax  as  regards  other  things. 

492  Cf.  Aertnys,  Instr.  pract.  P.  TIT.  cp.  6,  art.  2,  n.  213;  Bender,  1.  c. ; 
Stohr,  Pastoral  Medicine,  2  Ed.  p.  334;  Kerschbaunier,  Paterfamilias,  Part 
IV.  chap.  7,  8. 


546  THE    MINISTER    OF    THE    SACRAMENT 

The  characteristic  signs  of  a  scrupulous  person  show  them- 
selves in  this :  (a)  that,  upon  slight  grounds,  or  none  at  all,  he 
changes  his  judgment,  holding  the  same  thing  to  be  allowable 
one  moment,  and  forbidden  the  next;  (6)  that  he  fears  to 
commit  sin  by  doing  something  which  a  competent  confessor 
has  already  told  him  to  be  allowed,  and  which  he  sees  other 
conscientious  men  do  and  which  he  himself  would,  in  his  own 
judgment,  consider  to  be  allowed  if  he  were  not  obliged  or  did 
not  wish  to  do  it  at  that  time ;  (c)  that  he  is  agitated  for  fear 
he  should  sin,  and  cannot  account  to  himself  for  this  anxiety; 
(d)  that  he  clings  obstinately  to  his  own  judgment,  placing  no  con- 
fidence in  the  decisions  of  learned  men,  or  the  confessor ;  (e)  that 
he  repeatedly  asks  whether  a  thing  is  allowed,  although  he  has 
several  times  received  an  answer  on  the  point;  (/)  that  he  pon- 
ders over  circumstances  connected  with  an  act  which  exercise  no 
influence  at  all  upon  the  moral  value  of  the  action,  and  which 
other  men  generally  disregard  altogether ;  (g)  that  he  holds  for  a 
sin  that  which  the  most  conscientious  men  commonly  do  without 
thinking  of  sin ;  (h)  that  he  is  perpetually  anxious  about  his  con- 
fessions, lest  they  should  be  invalid,  although  the  confessor  has 
declared  them  to  be  valid,  even  after  a  careful  repetition  of  the 
confessions  has  already  taken  place.493 

From  these  indications  the  confessor  is  able  to  judge  if  his 
penitent  is  scrupulous.  We  must  not  mistake  them,  however, 
for  the  following  .circumstances,  which  would  be  of  little  assist- 
ance in  recognizing  the  malady,  as  they  are  found  not  only  with 
the  scrupulous,  but  also  with  those  who  have  tender  consciences. 

1.  If  the  penitent  is  concerned,  and  reasonably  anxious,  not 
to  offend  God  even  in  the  slightest  degree  or  to  atone  immedi- 
ately for  a  sin  committed,  he  is  not  on  this  account  a  scrupulous 
person. 

498  S.  Alph.  Lib.  T.  n.  11  ;  Aertnys,  1.  c.  Lib.  I.  Tract.  II.  n.  49;  Lehm- 
kuhl,  Theol.  Mor.  Gener.  Tract.  II.  n.  57;  Stotz,  Trib.  Tceuit.  I.  P.  V.  Q. 

in.  n.  it<;. 


SCRUPULOUS    PENITENTS  547 

2.  If  some  one  after  living  a  long  time  in  grave  sin  is  con- 
verted, makes  a  good  confession  to  the  best  of  his  ability,  and, 
within  a  moderate  period,  say  half  a  year,  for  example,  still 
thinks  he  cannot  do  enough  and  wishes  two  or  three  times  to 
reconfess  his  sins,  he  must  not  be  at  once  set  down  as  scrupu- 
lous. After  that  time,  however,  the  penitent  must  be  forbidden 
to  say  anything  about  former  sins,  or  even  to  investigate  whether 
he  has  confessed  everything  correctly.  Only  if  the  penitent 
was  accustomed  to  conceal  sins  in  the  confessional  might  he  be 
allowed  to  continue  during  a  longer  time  to  confess  sins  which 
might  occur  to  his  mind  after  the  general  confession.494 

3.  If  a  person  doubts  whether  he  has  sinned  in  some  particu- 
lar instance  we  are  not  to  conclude  that  he  is  scrupulous;  for 
a  doubt  may  be  absolutely,  or  relatively,  reasonable.495 

If  the  confessor  tells  the  penitent  that  he  is  scrupulous,  the 
latter  must  certainly  believe  him ;  but  it  is  often  very  difficult 
to  convince  the  penitent.  He  is  rather  disposed  to  consider 
others  thoughtless  and  less  conscientious,  not  excluding  the 
confessor,  or  to  think  that  the  latter  does  not  properly  know 
him  or  has  misunderstood  him.  Here  the  cunning  of  the  devil 
is  seen,  who  is  wont  to  instill  into  perplexed  souls  a  peculiar 
presumption  and  obstinacy  of  judgment.  This  error  is  very  per- 
nicious; it  springs  from  pride  and  makes  the  penitent  scorn 
the  remedies  which  are  offered  to  him. 

II.   The  causes  of  scruples :  — 

Scruples  may  proceed  from  God,  from  the  devil,  and  from  a 
natural  disposition. 

1.  God  sometimes  permits  scruples  (permissive),  withdraw- 
ing from  just  motives  His  supernatural  light.  If  the  trials 
thus  proceed  from  God,  they  are,  per  se,  useful,  produce  a  pro- 
founder  contrition,  humility,  and  detachment  from  the  world. 

41,4  Renter,  Neo-Conf.  n.  2G6. 

4!'5  Cf.  Lacroix,  1.  c.  Lib.  I.  n.  519  ss. ;  Lehmkuhl,  Theol.  Mor.  Gener.  Tr. 

II.  n.  58. 


548  THE    MINISTER     OF    THE    SACRAMENT 

2.  Scruples  proceed  from  the  devil  also  (effective),  who  has  a 
peculiar  skill  in  producing  them  by  confusing  the  imagination 
with  false  shows  and  suggestions.  He  does  not  plague  great 
sinners  with  scruples,  because  he  is  content  to  leave  them  in 
their  state  of  presumption,  and  so  cast  them  ever  deeper  and 
deeper  into  ruin.  Nor  are  great  saints  troubled  by  him,  because 
in  them  fear  has  been  conquered  by  perfect  love.  It  is  only 
those  who  have  begun  to  give  themselves  to  God,  and  chiefly 
those  who  have  abandoned  great  sins  and  entered  upon  the 
right  road.  His  object  is  to  perplex  and  hamper  them  in  their 
spiritual  progress,  to  plunge  them  into  despair,  or,  at  least,  to 
disturb  their  interior  peace.  Scruples  emanating  from  Satan 
must,  therefore,  be  combated  with  all  energy,  for  they  tend  to 
evil. 

3.  Scruples  may  also  be  traced  to  natural  causes  (dispositive), 
the  individual  having  a  keener  and  more  sensitive  perception  of 
evil,  or  a  wavering,  unsettled  judgment. 

These  natural  causes  are  partly  physical  and  partly  moral : 
(a)  Bodily  constitution :  a  melancholy  temperament  may  in- 
cline an  otherwise  sagacious  man  to  suspicion,  obstinacy  and 
scrupulosity.  Others  who  in  consequence  of  a  physical  dispo- 
sition are  low-spirited,  despondent,  and  timid,  readily  conceive 
an  unreasonable  fear  of  sin,  and  if  they  do  not  quickly  banish  this 
fear,  they  frequently  fall  a  prey  to  scruples,  (b)  Nervousness 
and  disease  of  the  brain :  the  imagination  becomes  excited  and 
perplexed,  so  that  vivid  conceptions  of  the  imagination  are  not 
sufficiently  distinguished  from  the  judgments  of  reason.  This 
affection  may  be  hereditary,  or  it  may  arise  from  overwork, 
late  hours,  or  immoderate  tasting,  (c)  Dullness  of  mind,  which 
cannot  adequately  distinguish  real  from  seeming  motives;  but 
acuteness  of  intellect,  if  the  judgment  is  not  well  balanced, 
may  produce  the  same  result,  (d)  Hidden  pride  and  obstinacy 
of  private  judgment:  a  man  subject  to  these  moral  defects  be- 
comes easily  entangled  in  doubts  and  scruples,     (e)    Too  great 


SCRUPULOUS    PENITENTS  549 

anxiety  to  avoid  everything  —  I  will  not  say  in  any  way  evil, 
for  that  we  must  avoid,  but  which  has  even  the  appearance  of 
evil;  thus  is  formed  the  habit  of  adopting  the  stricter  and  the 
speculatively  more  certain  view,  a  proceeding  which  in  practice 
does  not  by  any  means  tend  to  the  safer  course.496  (/)  Inter- 
course with  scrupulous  people,  reading  books  in  which  only  the 
stricter  opinions  are  advanced,  confessing  to  a  scrupulous  con- 
fessor.497 

III.  The  following  considerations  will  show  when  the  scruples 
proceed  from  God:  (1)  when  they  excite  sincere  detestation 
of  sin;  (2)  when  they  do  not  last  long  and  end  in  great  calm 
of  mind;   (3)  when  they  are  called  forth  by  hatred  of  sin. 

Scruples  may  be  recognized  as  proceeding  from  the  evil  one : 

(1)  when  they  produce  lukewarmness  and  despair  of  salvation; 

(2)  when  the  scruples  occur  in  connection  with  the  holiest  actions, 
especially  where  a  man  is  otherwise  not  accustomed  to  be  much 
troubled  with  them;  (3)  when  a  man  detests  only  this  or  that 
kind  of  sin  —  others  not  so  much ;  God  detests  all  sin ;  (4)  when 
a  man  yields  to  grave  temptations  while  at  the  same  time  he  is 
anxious  about  trifles.498 

But  when,  without  apparent  reason,  the  heart  becomes  uneasy 
and  the  head  affected,  when  a  sudden  tremor  takes  possession 
of  the  limbs  and  the  mind  is  filled  with  scruples,  we  may  justly 
assume  that  the  latter  proceed  from  natural  causes,  and  this 
sign  is  the  more  certain  if  in  all  places  and  in  all  actions  the 
penitent  is  molested  by  them. 

IV.  Scruples  are  very  pernicious,  causing  perplexity  and  de- 
jection of  spirit,  placing  obstacles  in  the  way  of  the  soul's  prog- 

496  S.  Alph.  De  Mor.  Syst. 

497  Cf.  Reuter,  Neo-Confess.  1.  c.  Lib.  TIT.  §  159;  Lehmkuhl,  1.  c.  n.  55; 
Aertnys,  1.  c.  n.  50 ;  Miiller,  1.  c.  II.  §  159  ;  Benger,  Pastoraltheologie,  a.  a. 
O.  §  174,  n.  5  ;  Scaramelli,  Direct,  ascet.  Tom.  III.  nn.  433-440;  Zenner, 
Instr.  pract.  Conf.  P.  II.  Sect.  II.  cp.  1,  §  256. 

498  Cf.  Reuter,  Neo-Confess.  1.  c.  n.  200;  S.  Ignat.  1.  c.  Regula  5;  Benger, 
I.e.;  Scaramelli.  1.  c. ;  Zenner,  Instr.  pract.  Conf.  I'.  If.  Sect.  IT.  cp.  1.  §  255 


550  THE    MINISTER    OF    THE    SACRAMENT 

ress  towards  virtue,  closing  the  heart  to  the  consolation  of  the 
Holy  Ghost,  producing  dryness  of  spirit,  aversion  to  prayer, 
and  neglect  of  the  ordinary  duties.  Scruples  frequently  under- 
mine health,  not  seldom  exposing  the  subject  of  them  to  the 
danger  either  of  becoming  insane  or  of  falling  into  great  sins  of 
impurity,  despair,  blasphemy,  or  suicide.499 

St.  Alphonsus  distinguishes  three  kinds  of  scruples,  and  theo- 
logians universally  follow  him  in  tins  division :  (a)  scruples 
concerning  former  confessions,  the  person  being  always  uneasy 
about  them,  although  they  have  been  made  properly  and  com- 
pletely; this  kind  of  scruple  is  not  so  difficult  to  overcome; 
(b)  scruples  concerning  the  consent  to  sinful  thoughts  about  dif- 
ferent matters;  here  the  scruple  as  a  rule  comes  after  the  action  — 
those  scruples  may  be  a  heavy  burden;  (c)  scruples  concerning 
all  actions,  or  at  least  innumerable  things  about  which  other 
men  do  not  at  all  trouble  themselves.  These  are  the  worst  scru- 
ples. The  remedies  which  the  confessor  has  to  employ  for  the 
cure  of  scruples  are  the  following:  (1)  He  must  find  out  if  the 
penitent  is  scrupulous  about  everything,  or  only  some  things, 
and  what  is  the  cause  of  the  scruples.  (2)  He  must  convince 
the  penitent  that,  where  sin  is  not  evident,  the  safest  course  for 
him  is  obedience  to  his  confessor ;  and  that,  on  the  other  hand, 
it  is  very  dangerous  not  to  obey  his  confessor.  (3)  He  must, 
therefore,  ask  the  penitent  if  he  has  confidence  in  him,  and  if 
he  will  obey  him  even  against  his  own  judgment;  the  confessor 
must  undertake  to  guide  the  penitent  only  after  these  questions 
have  been  answered  in  the  affirmative,  otherwise  he  must  tell 
him  plainly  to  apply  to  another  confessor  in  whom  he  has  con- 
fidence and  whom  he  is  willing  to  obey.  If  this  is  not  done, 
the  confessor's  pains  would  be  simply  thrown  away.  (4)  The 
confessor  in  most  cases  ought  to  be  kind  to  the  scrupulous  peni- 
tent, though  severity  is  sometimes  necessary,  especially  where 

499  S.  Alp}).  1.  c.  n.  13;  Reuter,  Neo-Conf.  1.  c.  n.  261 ;  Aertnys,  1.  c.  n.  51. 


SCRUPULOUS    PENITENTS  551 

obstinacy  in  private  judgment  is  manifested,  or  when  the  peni- 
tent presses  for  repetition  of  a  confession  against  the  advice  of 
the  confessor.  Under  no  pretext  whatever,  not  even  when  tears 
are  added,  should  the  confessor  allow  this.  This  extreme  sever- 
ity is  a  kindness;  but  it  should  be  tempered  with  gentleness. 
(5)  To  doubts,  let  the  confessor  answer  without  hesitation  and 
without  much  questioning,  and  interpret  everything  according 
to  the  more  lenient  view.  He  should,  in  most  cases,  give  no 
reasons  for  his  answers,  lest  the  penitent  might  think  that  after 
all  his  scruples  were  not  to  be  despised,  and  because  the  latter 
will  weigh  these  reasons,  and  make  them  doubtful  by  opposing 
to  them  his  futile  objections.  Nor  should  he  listen  to  new  doubts 
and  scruples,  but  when  he  is  morally  certain  that  a  scruple  is 
in  question,  he  should  sometimes  without  listening  to  the  peni- 
tent order  him  to  lay  aside  all  anxiety  and  quickly  to  receive 
holy  communion.  (6)  He  should  give  the  penitent  some  gen- 
eral rules  to  follow;  the  more  general  and  the  easier  the  appli- 
cation of  these  rules  and  the  more  comprehensive  of  individual 
circumstances,  the  better  they  are.500  Such  general  rules  to 
be  given  to  the  penitent  are  the  following:  (1)  He  must  be  con- 
vinced that  he  really  is  scrupulous  —  but  that  scruples  by  no 
means  lead  to  holiness;  he  should,  therefore,  firmly  resolve  to 
combat  them.  (2)  He  should  pray  with  great  humility,  con- 
fidence, and  resignation  to  the  divine  Will  for  light  and  peace 
of  conscience.  (3)  He  should  cling  to  one  and  the  same  confessor 
in  whose  learning  and  goodness  he  trusts,  and  whom  he  must 
obey  most  strictly,  as  the  representative  of  God.  The  con- 
fessor's decisions  must  be  regarded  as  final  by  the  penitent. 
Never  should  the  penitent  seek  a  solution  of  his  doubts  else- 
where than  from  his  confessor.  He  should  abide  with  this  deci- 
sion even  if  doubts  again  arise.  (4)  He  must  accustom 
himself  to  consider  God  as  infinitely  good,  and  occupy  himself 

500  S.  Alph.  Lib.  T.  n.  10;  Reuter,  Neo-Conf.  n.  262;  Lehmkuhl,  1.  c.  n. 
61 ;  Aertnys,  1.  c.  n.  53. 


552  THE    MINISTER    OF    THE    SACRAMENT 

with  thoughts  which  awaken  confidence  in  God,  avoiding  any 
which  have  the  opposite  effect.  (5)  He  should  flee  idleness,  so 
that  the  devil  may  always  find  him  busy.  He  should  avoid 
intercourse  with  scrupulous  people,  as  also  reading  about  things 
which  excite  scruples.  (6)  As  soon  as  a  scruple  arises,  he  should 
banish  it,  and  think  of  something  else,  as  if  it  were  a  temptation 
to  evil.  He  should  not  allow  his  mind  to  dwell  upon  his  scru- 
ples by  opposing  reasons  to  them,  but  energetically  lay  aside 
all  doubt.  (7)  He  must  not  give  way  to  a  scruple  by  obeying 
its  suggestions;  on  the  contrary,  he  must  act  boldly  in  opposi- 
tion to  the  scruple,  and  not  fear  that  he  will  sin,  even  when  his 
conscience  does  not  seem  to  him  to  be  very  clear  about  the  mat- 
ter. For  a  scrupulous  person  it  should  suffice  to  know  that  he 
must  despise  his  scruples,  and  that  in  spite  of  them,  he  may  do 
any  act  of  which  he  cannot  say  positively  at  first  sight  that  it  is 
a  sin ;  and  that,  in  order  to  commit  a  mortal  sin,  it  is  necessary 
for  him  to  be  able  to  say  at  once,  without  hesitation  and  with- 
out examination,  that  the  thing  in  question  is  forbidden  under 
mortal  sin.  (8)  Let  him  be  assured  that  he  is  by  no  means 
obliged  to  confess  his  doubts ;  indeed,  that  this  is  not  even  use- 
ful and  must  be  forbidden.  Doubtful  sins  a  scrupulous  person 
is  certainly  not  bound  to  confess.  Speculative  doubts  the  scru- 
pulous person  is  not  bound  to  regard ;  for  what  for  others  is  a 
reasonable  motive  for  investigation,  is  not  so  for  the  scrupu- 
lous.    From  this  results :  — 

(1)  For  a  scrupulous  person  an  act  which  he  does  not  recog- 
nize at  once  as  a  sin  is  not  a  sin;  (2)  he  may  do  that  which 
he  sees  other  conscientious  people  do  without  scruple,  even 
when  it  is  contrary  to  his  own  judgment  or  his  own  opinion; 
(3)  scruples  are,  for  him,  no  reasonable  ground  for  doing  or  for 
not  doing  an  action,  or  for  hesitating;  and  this  applies  to  the 
doubt  as  to  whether  a  scruple  or  a  valid  reason  is  in  question.501 

501  Cf.  Reuter,  Neo-Confess.  n.  263  ss.  ;  Stotz,  1.  c.  n.  185;  Lehmkuhl, 
1.  c.  n.  6:5;  Aertnys,  1.  c. ;  Zenner,  Instructio  pract.  Confess.  P.  II.  Sect.  II. 
cp.  1.  §  257. 


SCRUPULOUS    PENITENTS  553 

With  regard  to  different  kinds  of  scruples  Reuter  gives  the 
following  good  rules :  — 

1.  He  who  is  troubled  with  doubts  as  to  whether  he  has  con- 
sented to  interior  temptations,  and  is  otherwise  conscientious, 
may  regulate  his  conduct  according  to  the  following  principles: 
(a)  He  is  never  to  believe  that  he  has  consented  to  a  mortal 
sin  if  he  does  not  positively  know  that  he  fully  recognized  the 
gravity  of  the  sin,  and  fully  consented  to  it.  (6)  If  the  person 
tempted  is  seized  with  fear,  abhors  the  object  of  the  tempta- 
tion as  he  considers  it  more  closely  and  remains  determined  not 
to  offend  God,  he  has  not  completely  consented.  This  applies 
to  non-scrupulous  persons  also;  and  theologians  maintain  that 
he  who  has  a  God-fearing  conscience,  and  is  not  accustomed  to 
consent  to  sin  with  full  attention,  may  believe,  in  a  case  of  doubt, 
that  consent  has  not  been  complete,  for  ex  communiter  contin- 
gentibus  fit  prudens  prcvsumptio.  (c)  Nor  may  we  conclude 
that  he  has  fully  consented  because  the  temptation  lasted  a 
long  time,  or  because  the  sensual  excitement  was  violent,  for 
this  is  material  and  involuntary,  and  sometimes  appears  more 
considerable  than  it  really  was. 

2.  If  the  penitent  is  tempted  against  faith,  or  against  hope, 
let  him  ignore  the  temptation,  turn  his  mind  to  other  things, 
especially  to  God,  but  let  him  not  be  perplexed  by  trying  to 
awaken  a  positive  act  of  these  virtues.  And  if  he  thinks  that 
he  has  had  blasphemous  thoughts,  let  him  proceed  in  the  same 
manner,  despising  them,  and  disbelieving  that  he  has  consented 
to  them,  although  he  may  have  felt  a  certain  pleasure  in  these 
thoughts  and  emotions;  indeed,  the  devil  can  create  in  the 
imagination  a  certain  semblance  of  consent,  while  the  individ- 
ual himself  and  his  will  are  far  removed  from  the  criminal  act. 
When  the  soul  has  been  calmed  it  is  always  useful  to  make  an 
act  of  the  love  of  God. 

3.  If  the  temptation  refers  to  conditional  events  in  the  future, 
for  instance,  "  what  would  you  do  if  you  were  obliged  either  to 


554  THE    MINISTER     OF    THE    SACRAMENT 

sin  or  to  endure  this  or  that  evil?"  let  him  turn  away  energeti- 
cally from  such  thoughts,  not  answering  directly  or  positively 
but  rather  indirectly,  "I  will  not  offend  God  now;  and  should 
I  ever  be  so  situated,  the  grace  of  God  will  help  me  to  do  His 
will."  With  this  answer  let  him  calm  himself,  and  not  rashly 
entangle  himself  in  difficulties,  lest  he  suffer  the  punishment  of 
presumption,  like  the  Apostle  Peter. 

4.  If,  when  looking  at  perfectly  innocent  things,  impure  images 
and  emotions  arise,  let  him  look  at  them  boldly  if  they  are  ob- 
jects and  pictures  (for  example,  holy  pictures),  modestly  and 
transiently  if  human  beings;  let  him  act  as  other  conscientious 
men  do  in  these  things  and  despise  the  emotions  or  thoughts. 
He  should  proceed  in  the  same  manner  if  these  things  happen 
when  he  is  saying  certain  prayers;  let  him  not  omit  the  prayers 
on  this  account,  but  devoutly  proceed  with  them. 

5.  The  Divine  Office  may  be  a  source  of  scruples.  The  peni- 
tent may  doubt  whether  he  had  the  intention  of  reciting  it;  this 
scruple  is  ridiculous,  for  the  very  fact  of  his  saying  it  shows  that 
the  intention  is  there.  He  may  doubt  that  he  has  recited  it 
properly,  having  mutilated  words,  or  been  voluntarily  dis- 
tracted; in  this  case  he  should  not  repeat  anything  at  all,  for 
since  he  honestly  wished  to  perform  his  duty,  it  is  to  be  pre- 
sumed that  he  did  it  properly.  While  he  is  saying  his  Office  he 
must  not  stop,  but  proceed  according  to  previous  intention 
without  hesitation,  without  straining  the  mind,  without  hurry, 
without  anxiety.  As  the  requisite  attention  is  not  prevented 
by  any  action  which,  of  its  nature,  is  consistent  with  interior 
attention,  the  person  should  not  be  troubled  if  he  has  done  such 
an  action,  unless  it  were  of  a  kind  which  conscientious  men 
would,  during  prayer,  be  careful  to  avoid.  After  the  comple- 
tion of  the  Office,  an  anxious  person  should  repeat  nothing,  even 
if  he  fears  that  he  has  said  it  badly.  If  he  is  very  scrupulous, 
and  requires  too  much  time  for  saying  his  Office,  his  Superior 
or  confessor  can  fix  a  certain  time  in  which  conscientious  clerics 


CONVERTS  555 

are  accustomed  to  say  it  conveniently,  and  if,  after  devoting 
this  time  to  it,  he  has  not  quite  finished  it,  he  shall  omit  the 
part  still  remaining.  Indeed,  according  to  the  same  author, 
and  Gobat,  whom  St.  Alphonsus  quotes  (in  approval  of  his  opin- 
ion), the  Office  could  even  be  absolutely  forbidden  to  such  a 
person  till  it  could  be  assumed  that  he  was  able  to  recite  it 
without  such  worry;  for  grave  inconvenience  releases  from 
obedience  to  the  commandments  of  the  Church.502 


73.   Converts. 

As  it  is  not  every  belief  that  saves,  but  only  the  true  faith 
taught  by  Christ,  the  zealous  priest  will  be  anxious  to  contrib- 
ute, as  much  as  he  is  able,  to  the  conversion  of  heretics.  He 
will,  therefore,  in  continued  prayer,  implore  for  them  the  light 
of  grace,  that  they  may  recognize  their  error  and  seek  the  truth ; 
he  will,  when  occasion  presents  itself,  exhort  them  to  avoid  sin, 
"because  error  does  not  produce  sins,  but  sins  produce  error," 
and  "  darkness  does  not  comprehend  the  light."  He  will  also, 
in  a  judicious  manner,  encourage  them  to  attend  our  religious 
services,  to  hear  sermons,  to  read  books  in  which  the  Catholic 
doctrine  is  exposed  and  explained;  he  will  not  object  to  friendly 
intercourse  with  them,  in  order  to  lead  them  gradually  to  a 
recognitioxi  of  their  errors,  as  they  begin  to  doubt  of  the  truth 
of  their  teachings,  and  salutary  scruples  arise  in  them.  When  a 
heretic  wishes  to  accept  the  Catholic  faith  and  be  instructed,  he 
should:  I.  Be  received  with  great  love  and  kindness  and  be 
asked  discreetly  why  he  wishes  to  change  his  religion  and  em- 
brace the  Catholic  faith.  Whatever  motive  he  assigns,  caution 
is  necessary,  —  because  there  are  designing  people  who,  under 
the  cloak  of  piety,  seek,  not  the  salvation  of  their  souls,  nor  the 
truth,  but  temporal  advantages,  such  as  marriage,  sustenance, 

502  S.  Alph.  Lib.  IV.  n.  177;  Reuter,  Neo-Conf.  n.  268;  Lehmkuhl,  1.  c. 
n.  64. 


556  TIIE    MINISTER    OF    THE    SACRAMENT 

etc.,  and,  having  obtained  these,  live  bad  lives,  and  return  to 
their  old  vices,  as  examples  both  amongst  Jews  and  heretics 
teach  us.  He  has,  therefore,  to  be  taught  that,  in  returning  to 
the  true  Church,  he  must  seek  simply  and  solely  the  kingdom 
of  God,  and  the  salvation  of  his  soul.  If,  however,  he  should 
say  that  he  is  poor  and  deprived  of  the  means  of  sustenance,  he 
should  not  be  promised  assistance  till  there  is  proof  of  his  good 
intentions.  But,  in  order  that  the  priest  may  not  be  deceived, 
he  should,  if  he  does  not  already  know  the  man  sufficiently, 
examine  him  by  various  questions  at  different  times,  and  only 
when  he  finds  him  sincere,  recommend  him  to  others.  The 
priest  should  not  show  familiarity,  nor  do  or  say  anything  in 
private  intercourse,  which  he  would  regret  if  the  catechumen 
should,  perchance,  return  to  heresy. 

Moreover,  he  should  endeavor  to  acquire  the  confidence  of  the 
convert,  so  that  the  latter  may  gladly  unfold  to  him  all  his 
errors,  doubts,  and  wounds. 

The  convert  must  be  admonished  to  attach  great  importance 
to  the  business  of  his  conversion,  as  upon  it  depends  his  eternal 
salvation;  he  should,  therefore,  often  and  fervently  pray  for  its 
happy  issue,  and  perform  good  works;  the  priest  himself  should 
also  most  zealously  pray  and  induce  others  to  pray  for  him. 

II.  Having  convinced  himself  of  the  good  dispositions  and 
steadfastness  of  the  convert,  the  priest  should  readily  offer  to 
supply  him  with  the  necessary  instruction,  or,  if  he  is  really  pre- 
vented from  doing  so,  provide  for  his  instruction  at  the  hands 
of  some  other  reliable  person. 

In  the  matter  of  the  instruction  the  following  points  must 
be  observe*  1 :  — 

1.  First  of  all  it  must  be  ascertained  if  the  convert  is  a  mate- 
rial or  a  formal  heretic.  He  is  a  formal  heretic  if  he  has  know- 
ingly and  voluntarily  adhered  to  any  error  against  the  truth  of 
the  Catholic  faith,  after  that  truth  had  been  adequately  exposed 
to  him,  and  he  had  recognized  it  as  truth.     A  material  heretic 


CONVERTS  557 

is  one  who  professes  error  through  ignorance,  or  in  consequence 
of  perverse  instruction  or  education.  Perhaps  most  of  the  non- 
Catholics  of  the  lower  classes  belong  to  the  latter  kind;  seeing 
that,  from  childhood,  they  have  been  reared  in  every  prejudice 
and  calumny  against  our  religion.  But  when  reasonable  doubts 
arise  in  them,  they  are  bound  to  investigate,  to  pray  for  divine 
light,  to  search  for  the  truth,  and  as  soon  as  they  recognize  it 
to  adopt  it.  Otherwise  they  become  formal  heretics,  because 
they  adhere  with  obstinacy  to  error. 

2.  Then  we  must  investigate  to  what  extent  the  convert 
has  been  instructed  in  the  tenets  of  his  sect,  and  what  doubts 
trouble  him  with  regard  to  the  Catholic  doctrine.  For  there 
are  mainly  two  classes  of  heretics  who  become  converts;  the 
first  consists  of  simple  uneducated  people,  who  require  sound 
instruction  in  Christian  truth,  but  who  should  be  informed  of 
points  of  controversy  with  great  caution,  in  order  that  they 
may  not  learn  new  errors  and  hence  new  doubts.  The  other 
class  is  formed  of  educated  people  whom  one  must  instruct 
especially  on  all  points  of  divergence,  so  that  their  doubts  are 
dispelled. 

3.  But  as  faith  must  be  the  rational  and  invincible  assent  to 
all  revealed  truths,  the  credibility  of  our  dogmas  must  first 
be  demonstrated  to  the  heretic;  and  these  are  to  be  accepted 
if  the  Catholic  Church  alone  is  the  true  Church  of  Christ. 
He  should,  therefore,  be  taught  that  the  true  faith  is  neces- 
sary to  salvation,  and  that  there  is  only  one  true  religion, 
and  only  one  Church  of  Christ,  as  the  true  religion  must  come 
from  God,  and  God  who  is  truth  itself  cannot  reveal  what  is 
self-contradictory.  He  should  then  be  shown  that  the  true 
Church  of  Christ  must  have  definite  marks  which  distinguish 
her  from  every  false  sect,  and  that  these  marks  of  the  true  Church 
of  Christ  are  only  possessed  by  the  Catholic  Church.  After  this 
we  may  expose  particular  doctrines,  especially  those  articles  in 
which  Catholics  differ  from  heretics,  namely:   the  Sacraments, 


558  THE    MINISTER    OE    THE    SACRAMENT 

the  Real  Presence  of  Christ  in  the  Holy  Eucharist,  purgatory, 
veneration  of  the  saints,  the  infallibility  of  the  Pope. 

III.  When  the  convert  has  been  (according  to  his  intelli- 
gence) fully  instructed,  he  must  be  prepared  for  the  reception  of 
Baptism,  if  he  be  not  baptized,  of  the  Sacrament  of  Penance, 
and  holy  communion,  and  for  a  profession  of  faith.  As  converts 
generally  dread  confession,  the  priest  must  endeavor  to  remove 
their  fear  by  reminding  them  of  the  seal  of  confession,  the  peace 
of  mind  following  upon  a  good  confession,  and  by  lessening  the 
difficulties  of  the  examination  of  conscience.  The  manner  of 
making  a  good  preparation  and  thanksgiving  for  holy  commun- 
ion should  be  well  explained.  Finally,  give  him  a  formula  of 
confession  of  faith  in  his  native  language,  and  explain  it  to  him. 

IV.  Not  till  the  priest  is  satisfied  as  to  the  convert's  knowl- 
edge and  constancy  should  he  receive  him  into  the  communion 
of  the  Church.  The  reception  itself  may  take  place  in  three  dif- 
ferent ways,  according  to  the  circumstances  of  the  convert :  — 

1.  If  he  has  not  been  baptized,  or  if  the  nullity  of  his  Bap- 
tism is  certain,  Baptism  is  administered  to  him  absolutely;  but 
then  no  abjuration  of  heresy  on  the  part  of  the  convert  takes 
place,  nor  is  absolution  given  to  him,  because  the  Sacrament  of 
Regeneration  cleanses  from  all  sins. 

2.  If  Baptism  has  to  be  repeated  sub  conditione,  the  abjuratio 
ha  rests,  or  the  projessio  fidei  takes  place  in  the  vernacular,  then 
Baptism  is  administered  s?/6  conditione,  after  which  the  convert 
confesses  and  receives  absolution  sub  conditione. 

3.  If  the  Baptism  which  the  convert  formerly  received  is 
regarded  as  valid,  he  abjures  his  heresy  by  pronouncing  the  pro- 
fession of  faith,  and  is  then  absolved  from  the  ecclesiastical 
censures.'03 

An  abjuratio  hceresis  is  not  to  be  demanded  from  children  who 
have  not  arrived  at  the  age  of  puberty,  i.e.  about  their  four- 

503  Cf.  S.  Congreg.  S.  Offic.  20  Jul.,  1859  (Coll.  Lacens.  Concil.  Tom.  III. 
p.  550). 


CONVERTS  559 

teenth  year;  nor  is  absolution  from  the  censures  to  be  adminis- 
tered, as  they  have  not  incurred  any;  they  need  only  make  the 
professio  jldei  catholicce  before  they  are  admitted  to  the  Sacra- 
ments. For  these  young  converts  the  Symbol  of  the  Apostles 
seems  to  suffice.  But  from  such  as  have  passed  this  age,  a 
formal  abjuration  of  the  sect  to  which  they  have  hitherto  be- 
longed is  to  be  demanded.504  Although  a  material  heretic  can 
be  absolved  by  every  confessor  pro  foro  interno,  it  is  more  advis- 
able and  safer  to  procure  from  the  bishop  the  facultas  absolvendi 
ab  Juvresi,  as  there  are  difficulties  in  the  matter,  and  the  confessor 
may  easily  be  deceived  in  his  judgment.  This  faculty  is  always 
to  be  requested  pro  foro  extemo.  If,  at  his  conversion,  a  heretic 
must  be  baptized,  his  admission  to  the  Church  belongs  to  the 
right  of  the  parochus  loci.  The  bishop  must  be  consulted  as  to 
the  repetition  of  Baptism  sub  conditione. 

V.  After  his  reception  into  the  bosom  o'f  the  Church  the  con- 
vert, if  his  former  Baptism  was  valid,  or  if  he  was  rebaptized 
sub  conditione,  must  make  a  complete  confession  of  the  sins  of  his 
former  life.  Let  the  confessor  treat  him  with  all  charity,  assist 
him  with  questions,  being  careful,  however,  not  to  institute  a 
rigid  examination.  The  confessor  may  ask  him  if  he  has  uttered 
blasphemies  or  insults  against  the  Catholic  Church,  or  induced 
others  to  do  so;  if  he  has  entertained  doubts  concerning  his  reli- 
gion and  how  long  he  despised  or  neglected  the  truth.  If  the 
penitent  has  committed  many  grave  sins,  the  confessor  must  be 
careful  not  to  reprove  him  severely  or  harshly,  rather  praise  his 
good  disposition  in  confessing  them,  exhort  him  kindly  but  ear- 
nestly, henceforth  to  lead  a  truly  Christian  and  good  life.  No 
great  penance  should  be  imposed  at  first,  so  as  not  to  dispirit 

504  Cf.  Tnstr.  S.  C.  Inq.  20  Jul.,  1859  et  20  Nov.,  1878  ;  Bucceroni,  Enchirid. 
p.  84.  There  is  an  (abridged)  professio  fidei,  which  the  S.  C.  S.  Officii,  20 
July,  1859  gave  for  America;  the  wording  of  the  Instruction  clearly  indi- 
cates that  it  may  be  used  in  all  places  where  the  diocesan  law  does  not 
decide  to  tin1   contrary. 


560  THE    MINISTER    OF    THE    SACRAMENT 

the  penitent.  Finally,  the  confessor  administers  absolution, 
absolute  or  sub  conditione,  according  as  Baptism  was  either  not 
repeated  or  was  again  administered  sub  conditione. 

If  a  non-Catholic  in  the  hour  of  death  wishes  to  embrace  the 
Catholic  faith,  he  must  make  the  professio  fidei  before  two  wit- 
nesses, at  least  with  regard  to  the  doctrines  which  must  be 
believed  necessitate  medii  et  prwcepti.  To  avoid  difficulties  later 
this  act  should  be  taken  down  in  writing,  and  the  document 
signed.  After  which  the  dying  person  may  be  prepared  by  acts 
of  faith,  hope,  and  charity,  contrition,  and  purpose  of  amend- 
ment; he  should  then  confess;  absolution  from  excommunica- 
tion and  from  sin  should  be  given  him ;  after  this  the  viaticum 
and  Extreme  Unction. 

But  if  the  dying  person  shows  no  disposition  to  accept  the 
Catholic  faith,  the  priest  should  seek  to  gain  his  confidence,  and 
then  gradually  approach  the  question  of  his  salvation.  Let  the 
priest  endeavor  first  to  awaken  in  the  dying  man  an  act  of  faith 
in  all  that  God  has  revealed,  especially  in  all  that  must  be  be- 
lieved necessitate  medii,  then  an  act  of  hope,  of  perfect  contri- 
tion, and  resignation.  In  such  a  case  it  is  not  prudent  to  ask 
the  man  bluntly  to  join  the  true  Church,  for  fear  of  exposing 
him  to  a  great  temptation.  In  order,  however,  to  be  able  to 
administer  to  him  the  conditional  absolution,  he  should  be  in- 
duced to  acknowledge  himself  a  sinner  before  God,  and,  having 
elicited  contrition,  to  declare  also  that  he  wished  to  be  assisted 
as  much  as  possible  by  the  services  of  the  priest  the  better  to 
obtain  eternal  life.505  Absolution  sub  conditione  can  then  be 
administered  to  the  dying  man,  by  secretly  pronouncing  the 
form  of  words,  without  making  the  sign  of  the  cross. 

505  Thus  Lehmkuhl.  Aertnys,  however,  does  not  assent  to  this  teaching, 
quia  voluntas  conditionalts  confitendi  nan  est  reapse  confessio,  atone  adeo  prorsus 
deesse  videtur  materia.  Theol.  Mor.  Lib.  VI.  n.  106,  Q.  4,  5.  Lehmkuhl  re- 
jects the  opinion  that  a  dying  person  in  this  state  must  be  asked  whether  he 
would  confess  and  receive  absolution;  for  here  the  question  is  not  what  the 
man  would  wish,  but  what  he  wishes  ;  at  most  it  might  be  said  of  this  velleity 
that  it  includes  a  certain  will  and  actual  accusation.     Lehmkuhl,  1.  c.  n.  515. 


CHAPTER  II 

THE    TREATMENT    OF    PENITENTS    IN    DIFFERENT    EXTERNAL 

CIRCUMSTANCES 

74.   The  Confession  of  Children. 

The  confessor  must  devote  special  care  to  the  confessions  of 
children,  for  this  is  a  matter  of  much  importance.506  As  with 
adults,  so  with  children,  confession  exercises  a  great  influence 
upon  the  spiritual  life,  and  forms  a  factor  in  their  education 
which  cannot  be  estimated  too  highly.  For  even  a  child  can 
commit  sins  with  full  advertence  or  malice,  and  hence  requires 
the  Sacrament  of  Penance  in  order  to  recover  the  lost  life  of 
grace,  and  to  obtain  the  necessary  assistance  in  preserving  itself 
from  future  sin.  The  child  also  has  its  temptations;  evil  incli- 
nations and  passions  awaken  in  the  child's  soul.  Who  does  not 
know  that  many  a  child  is  entangled  in  a  net  of  evil  habits  and 
occasions  of  the  worst  kind?  In  truth,  the  child  stands  much 
in  need  of  supernatural  strength  in  order  to  preserve  its  most 
precious  treasure  of  innocence.  This  strength  conferred  by 
grace  is  more  necessary  to  the  child  than  all  exhortations  and 
instructions.  A  good  confession  will  eradicate  obstinate  faults 
and  evil  habits  which  have  long  defied  all  the  arts  and  wisdom 
of  educational  systems.     Confession  is  in  many  cases  the  sole 

506  Zenner,  Instr.  pract.  Confess.  1.  c.  cp.  2,  §  2fi'-\:  Summi  momenli  munus 
subit  confessariu*.  dum  puerorum  confessionibus  se  offert  excipiendis.  Dubois, 
"The  Practical  Pastor,"  Pt.  2.  chap.  18,  n.  381;  Frassinetti,  "  Practical  In- 
struction for  Young  Pastors."  Pt.  2.  Chap.  3,  n.  411  (in  the  Italian)  ;  Ren- 
ninger-Gopfert,  Pastoraltheologie,  Book  1.  Pt.  1.  §84,  p.  240. 

501 


562  THE    MINISTER    OF    THE    SACRAMENT 

means  of  discovering  in  the  child  hidden  and  ruinous  habits  and 
of  correcting  them,  thus  safeguarding  its  innocence  and  purity. 
Even  when  parents  and  the  other  agencies  of  education,  home 
influence  and  the  school,  fail  in  their  duty,  attaching  importance 
only  to  the  cultivation  of  the  intelligence  and  to  outward  moral- 
ity and  propriety,  the  confessional  can  still  be  the  child's 
salvation  by  shielding  its  heart  from  evil.  This  great  and 
fundamental  significance  of  the  confessional  for  the  child  and 
its  education  must  be  realized  by  the  confessor.  He  will  then 
readily  undergo  the  labor  involved  in  the  preparation  of  chil- 
dren for  confession,  and  the  confessions  themselves.  Here,  pre- 
eminently, he  will  scatter  the  good  seed  from  which  he  may 
expect  an  abundant  harvest.  Here  he  is  the  true  representa- 
tive of  the  divine  Friend  of  children,  of  Him  who  suffered  the 
little  children  to  come  unto  Him,  of  Him  who  uttered  the  mo- 
mentous words:  "He  that  shall  receive  one  such  little  child  in 
My  name,  receiveth  Me  '    (Matt,  xviii.  5;   xix.  13-15). 

I.  The  first  consideration  is  the  admission  and  the  preparation 
of  the  children  for  confession. 

In  the  admission  to  confession,  age  must  certainly  be  consid- 
ered, but  not  chiefly;  the  mental  capacities  and  development 
must  be  taken  into  account.  The  declaration  of  the  IV.  Council 
of  the  Lateran  that  a  child  is  bound  to  receive  the  Sacrament 
of  Penance  as  soon  as  it  has  reached  the  years  of  discretion 
(anni  discretionis)  is  based  on  the  nature  of  the  case.  But  when 
this  period  arrives  cannot  be  precisely  stated  in  years  and  days ; 
it  depends  much  on  individual  circumstances.  The  seventh 
year  is  generally  regarded  by  theologians  as  the  limit,  and  they 
teach  that  a  child  who  has  completed  the  seventh  year  is  bound 
to  receive  the  Sacrament  of  Penance.  And  if  a  child  has  aver- 
age mental  capacity,  has  received  religious  training  at  home, 
and  from  the  sixth  year  regular  religious  instruction  at  school,  it 
can,  and  generally  should,  go  to  confession  when  it  is  seven  years 
old,  or  even  before  this,  as  would  be  desirable  if  such  a  child  were 


TIIK    CONFESSION    OF    ClIILDUEX  563 

seriously  ill,  or  if  there  were  reasons  for  supposing  that  it  had 
committed  grave  sin.  In  the  latter  event  the  child  would  be 
hound,  in  order  to  comply  with  the  precept  of  the  Church,  to 
confess  within  a  year.507  But  as  it  happens  that  very  many  chil- 
dren are  not  sufficiently  developed  and  instructed  so  early,  it 
follows  that  the  regular  admission  is  left  to  the  judgment  of  the 
priest.  St.  Charles  Borromeo  gave  his  clergy  the  following 
precept  on  this  head:  Qui  ad  septem  aut  octo  annos  pervenerint, 
pro  modulo  de  necessitate  et  virtute  sacramenti  illudque  frequen- 
tandi  instruentur.508  And  the  Cologne  Provincial  Council  of 
the  year  I860  decrees  that  the  first  confession  of  children  shall 
not  be  put  off  longer  than  the  ninth  year.  The  priest  should 
certainly  not  delay  the  preparation  of  a  child  for  his  first  con- 
fession any  longer,  unless  its  incapacity  is  demonstrated.  With 
the  seventh  or  eighth  year  the  children  should  be  admitted 
to  instruction  for  confession,  and  if  a  child  shows  in  the  course 
of  this  instruction  that  it  has  arrived  at  a  sufficient  understand- 
ing of  the  Sacrament  of  Penance,  it  should  be  immediately  pre- 
pared for  it.  But  those  children  who  are  not  qualified  should 
take  part  in  the  preparation  for  the  next  (second)  confession  of 
the  course,  in  order  that  they  may  be  admitted  then,  or  later, 
in  any  case  as  soon  as  possible,  to  this  holy  Sacrament.  For 
the  zealous  priest  will  not  only  instruct  the  children  concerning 
the  Sacrament  at  the  beginning  of  every  school  year,  as  is  the 
regulation  in  many  dioceses,  but  each  reception  (at  least  in  the 
children's  first  years)  will  be  preceded  by  a  solid  preparation 
consisting  in  a  general  repetition  of  the  essential  truths.  If  the 
less  gifted  children  are  present  at  these  instructions  and  prepa- 
rations, and  if  special  attention  is  given  to  them,  they  will  soon 
be  in  a  condition  to  make  a  good  confession.  The  final  deci- 
sion concerning  the  capacity  or  incapacity  of  a  child  to  receive 

507  S.  Alph.  Lib.  VI.  nn.  112,  666;  Gury,  1.  c.  I.  n.  478;  Stang,  Pastoral 
Theol.  Bk.  II.  4,  §  81.     Schulze,  Pastoral  Theol.  Sect.  I.  4,  n.  3. 
sea  Cf.  Statut.  Leod.  n.  Ui. 


564  THE    MINISTER    OF    THE    SACRAMENT 

absolution,  or,  in  other  words,  concerning  its  dispositions,  must 
be  left  to  the  confessor,  who  will  and  must  arrive  at  some  settled 
judgment  on  this  point,  and  give  absolution  conditionally  or 
unconditionally,  or  postpone  it,  as  he  shall  find  necessary. 

The  special  instruction  which  precedes  the  children's  confes- 
sion must  be  given  according  to  a  definite  and  practical  plan, 
and  with  great  care  and  prudence.509  At  the  outset  the  children 
must  be  solemnly  admonished  that  they  are  shortly  to  be  ad- 
mitted to  their  first  confession,  and  that  for  this  purpose  they 
are  to  receive  a  special  instruction.  The  importance  of  this  in- 
struction must  be  impressed  upon  them  as  an  initiatory  prepa- 
ration for  the  reception  of  the  Sacrament,  thus  encouraging 
them  to  diligent  application  and  attention.  There  is  probably 
no  religious  instruction  which  more  attracts  little  ones  and 
more  wins  their  interest,  than  the  instruction  for  confession,  on 
account  of  the  exceedingly  beautiful  truths  which  are  here  dis- 
cussed. It  must  be  emphasized  and  brought  home  to  the  chil- 
dren that  it  is  a  great  happiness,  an  unmerited  favor  to  be 
cleansed  from  sin  in  the  holy  Sacrament  of  Penance ;  it  would 
be  ill  timed  to  represent  confession  as  something  hard  or  diffi- 
cult or  as  a  kind  of  punishment.  One  must  rather  awaken 
enthusiasm  within  them,  so  that  they  may  take  pleasure  in  pre- 
paring themselves  for  it  carefully,  and  they  must  be  assured 
that  the  confessor  will  make  easy  everything  which  they  think 
will  be  difficult  in  the  confessional  if  only  they  show  good  will. 
Admission  to  confession  must  also  be  represented  to  them  in  the 
light  of  a  distinction,  and  as  a  reward  of  diligence  and  attention. 

As  to  the  matter  of  the  instruction,  -  -  the  doctrine  of  the 
Sacrament  of  Penance  must  be  treated  thoroughly,  clearly,  at- 
tractively, and  in  a  manner  adapted  to  a  child's  intelligence. 
Then  the  most  important  doctrines  of  the  catechism  with  refer- 
ence to  confession  must  be  repeated,  especially  the  doctrine  of 


509 


Stang,  Pastoral  Theol.  Bk.  II.  4,  §  31. 


THE    CONFESSION    OF    CHILDREN  565 

God  and  His  attributes;  furthermore,  the  doctrine  of  sin  and 
the  Redemption.  These  truths  are  to  be  set  forth  in  a  manner 
at  once  easily  intelligible  to  the  mind  and  stimulating  to  the 
feelings.  Particular  care  must  be  taken  that  the  children  learn 
to  say  correctly  and  with  understanding  the  usual  prayers  before 
and  after  confession.  It  is  very  useful  at  the  end  of  this  instruc- 
tion (of  the  remote  preparation)  and  shortly  before  the  confes- 
sion, to  make  with  the  children  an  examination  of  conscience. 
In  this  manner  as  complete  a  confession  as  possible  will  result, 
and  many  abuses  be  prevented;  especially  will  children  not 
accuse  themselves  of  things  which  they  do  not  in  the  least  under- 
stand and  which  they  have  not  committed;  while,  at  the  same 
time,  the  suitable,  intelligible,  and  becoming  expressions  for  the 
different  sins  will  be  put  into  their  mouths.510  Furthermore,  it 
is  much  to  be  recommended  that  the  children  should,  in  com- 
mon, be  incited  to  contrition  and  purpose  of  amendment  (say 
in  the  Church,  immediately  before  confession)  by  laying  before 
them  the  motives  for  contrition,  and  this  slowly,  intelligibly, 
and  in  a  manner  adapted  to  children;  afterwards  repeating  to 
them  a  short  and  forcible  formula  of  contrition  and  purpose  of 
amendment,  concluding  with  another  short  exhortation  to  sin- 
cerity in  confession  and  to  gratitude  to  God  after  the  confession.511 

510  The  question  whether  a  formula  of  an  Examination  of  Conscience 
should  be  placed  in  the  hands  of  children,  is  treated  by  Dubois,  1.  c. 
Certainly  not  in  the  hands  of  the  younger  children ;  and  Examinations, 
such  as  are  contained  in  prayer-books  for  grown-up  people,  should  not  be 
given  to  older  ones.  Nor  are  all  Examinations  for  Children  to  be  recom- 
mended. The  instruction  is  the  most  important  thing;  an  Examination 
is  a  poor  substitute  for  good  instruction.  Certain  it  is  that  these  Exami- 
nations are  very  often  misused  by  children. 

511  Aertnys  says  in  his  Institut.  practica,  cp.  2,  art.  1,  n.  122,  that  the 
confessor  must  ask  the  children  if  they  know  the  articles  of  faith  which 
every  Christian  is  bound  to  know,  and  if  they  do  not,  he  must,  if  time  allows, 
patiently  instruct  them  concerning  these  articles,  at  least  concerning  the 
doctrines  necessary  to  salvation,  etc.,  but  this  can  only  happen  in  excep- 
tional cases,  scarcely  when  there  has  been  given  a  good  course  of  previous 
instruction. 


566  THE    MINISTER    OF    THE    SACRAMENT 

II.   Treatment  of  children  in  the  confessional. 

If  the  children  have  been  well  prepared,  the  confessor's  work 
is  much  facilitated.  But  he  must,  nevertheless,  always  bear  in 
mind  the  words  of  St.  Alphonsus  de  Liguori:  "The  confessor 
must  expend  all  his  love  on  the  children,  and  treat  them  in  the  gen- 
tlest manner  possible."  512 

But  even  when  there  has  been  careful  preparation  the  confessor 
must :  (1)  see  that  the  confession  is  a  complete  one,  and  supply 
any  possible  defects  in  it ;  (2)  instruct  the  child,  and,  if  neces- 
sary, dispose  it  for  absolution;  (3)  judge  of  his  disposition,  and, 
according  to  this  judgment,  give  absolution  conditionally  or 
unconditionally  or  defer  it. 

In  addition  to  the  rules  already  laid  down  and  discussed,  the 
following  special  remarks  will  be  serviceable :  — 

1.  If  the  confession  of  the  child  is  incomplete  or  vague,  the 
confessor  can  easily  discover  the  principal  sins  or  at  least  suffi- 
cient matter  by  means  of  questions  if  the  child  has  some  little 
intelligence.  He  may  ask  the  child  if  it  has  neglected  daily 
prayers,  if  it  has  through  his  own  fault  missed  Mass  on  Sundays 
or  holidays  (especially  during  vacation  time) ;  if  it  has  behaved 
disrespectfully  in  Church,  by  laughing,  talking,  looking  about, 
and  disturbing  others;  if  it  has  been  disobedient  and  naughty 
towards  his  parents  and  superiors;  if  it  has  quarreled  with  his 
brothers  and  sisters  and  other  children;  if  it  has  been  angry 
or  cursed  in  anger ;  if  it  has  taken  dainties  by  stealth  or  stolen  ; 
if  it  has  lied  and  said  untrue  things  of  other  children.513  Where 
there  are  grave  sins,  he  must,  of  course,  ask  the  number,  if  it  was 
not  stated;  and  he  must  insist  upon  the  child's  examining  itself 
concerning  the  number,  and  stating  it  as  precisely  as  possible. 
Everything  connected  with  children's  confessions  must  claim 
the  confessor's  attention,  but  he  must  be  especially  careful  that 
they  learn  to  confess  well.     Children  will  have  great  difficulty  in 

512  Prax.  Conf.  cp.  6,  n.  90. 
518  S.  Alph.  Prax.  Conf.  n.  90. 


THE    CONFESSION    OF    CHILDREN  567 

giving  account  of  their  thoughts,  desires,  and  the  intentions  by 
which  they  have  been  influenced,  and  the  confessor  may  thus 
find  himself  obliged  to  put  questions  on  these  matters. 

2.  If  the  child  has  made  a  definite  confession,  but  the  con- 
fessor still  believes  that  there  has  been  insincerity,  —  from  false 
shame  or  fear,  or,  perhaps,  from  inability  to  make  the  sin  known, 
it  often  requires  great  prudence  to  detect  the  sin  omitted.514  It 
is  mostly  sins  against  the  sixth  and  seventh  commandments 
which,  for  the  above  reasons,  children  conceal.  If  the  confessor, 
therefore,  suspects  that  a  sin  against  the  sixth  commandment 
has  been  omitted,  he  must  exercise  prudence  in  two  ways :  first, 
that  he  does  not,  by  unsuitable  questions,  make  the  child  ac- 
quainted with  sins  of  which  it  knows  nothing,  and  that  he  does 
not  put  the  questions  in  such  a  general  way  that  they  fail  to  dis- 
close the  sin.  If  the  child  confesses  that  it  spoke  immodest 
words,  or  did  something  immodest,  or  permitted  it,  the  con- 
fessor must  not  at  once  conclude  that  he  has  to  do  with  real 
sins  against  the  sixth  commandment;  for  sometimes  children 
take  unbecoming  words,  which  are  no  sin  against  holy  purity, 
for  immodest  words  and  confess  them  as  sins;  they  also  regard 
certain  things  as  immodest  actions  which  are  by  no  means  sin- 
ful,515 but  on  the  contrary  necessary.  There  is  ground  for  this 
supposition  especially  when  an  otherwise  good   child   accuses 

514  Cf.  Catech.  Roman.  P.  TIT.  cp.  7 ;  Renninger,  1.  c. 

515  Aertnys  writes  upon  this  point  (lustr.  pract.  cp.  2,  art.  1,  n.  127)  : 
Actiones  inhonestce puerorum,  <i>ii  luxuries  adhuc  ignari  sunt,  plerumque  non  sunt 
habendce  ut  peccata  mortalia  :  quia  vel  commotionem  venereum  non  habuerunt  vel 
hujus  malitiam  nondum  apprehendunt.  And  St.  Alphonsus  teaches  (Vera 
Sponsa,  cp.  18,  §  1,  n.  14)  :  Sunt  qucedam  actiones  naturales,  quas  manifestare 
puderet,  attamen  declarare  propterea  non  tenemur.  Sic.  e.  c.  si  quis  commiserit 
in  pueritia  levitates  autjocos  indecentes,  quorum  malitiam  ignorabat,  non  tenetur 
ea  conjiteri.  Neque  ex  eo,  quod  actio  secreto  facta  fuerit,  concludere  licet  conscium 
quern  fuisse  ejus*  I  an  malitioz  :  quasdam  namque  faciunt  pueri  actiones  naturales 
secreto.  quamv\s  non  sint  peccata.  But  there  are  children,  and  in  towns  espe- 
cially not  a  few  of  them,  who  are  early  corrupted,  and  in  whom  wickedness 
and  impure  knowledge  are  in  advance  of  their  age,  with  reference  to  whom 
it  must,  alas!  he  said:   Tantillus  puer  et  tantus  peccator  !     Cf.  Aertnys,  1.  c. 


568  THE    MINISTER    OF    THE    SACRAMENT 

itself  of  having  very  frequently  committed  such  sins  .  .  .  The 
confessor  may  also  ask  the  child  if  it  knows  what  impurity  is. 
As  he  must  not  investigate  the  matter  further  he  must  form  his 
judgment  in  accordance  with  the  whole  confession  or  suspend 
a  definite  judgment;  and  he  should  not  forget  that  it  is  better 
to  leave  a  confession  doubtfully  complete  than  to  expose  inno- 
cence to  danger  by  asking  questions.  But  if  he  discovers  that 
the  case  is  really  so,  and  that  the  child  suffers  from  conscientia 
erronea  on  this  point,  he  must  suitably  instruct  it.  If,  however, 
it  is  clear  the  child  has  accused  itself  of  sins  against  holy 
purity,  and  the  confessor  believes  that  real  sins  are  in  question,516 
let  him  not  fail  to  investigate  what  led  up  to  them  —  a  sinful, 
necessary,  or  voluntary  occasion,  or  a  vicious  habit.  Not  in- 
frequently the  confessor  will  discover  the  distressing  fact  that 
home  and  school,  instead  of  being  nurseries  of  that  flower  of 
the  virtues,  the  child's  innocence,  are  the  cause  of  its  destruc- 
tion, either  with  or  without  the  fault  of  parents  or  superiors; 
and  this  through  sleeping  together,  the  bad  example  or  open 
seduction  of  corrupted  brothers  and  sisters,  some  imprudence 
on  the  part  of  parents,  or  the  talk,  buffoonery,  and  doings  of 
some  tainted  child  at  school.  Such  circumstances  will  not  only 
awaken  deep  and  painful  regret  in  the  confessor,  but  also  his 
endeavors  as  physician  of  the  soul,  to  help  and  heal,  and  save 
the  poor  child  from  complete  ruin.  He  must  here  apply  with 
special  care  and  prudence  the  rules  concerning  occasions  and 
sinful  habits.  If  the  confessor  perceives  that  a  child  suffers 
from  false  shame,  or  that  it  is  immoderately  timid,  he  must  seek 
to  induce  it  to  candor  and  confidence  by  kind  persuasion,  affec- 
tionate encouragement,  or  also  by  serious  exhortation. 

616  Whether  immodest  acts  and  jokes  which  children  have  practiced  he 
sins  or  not,  let  the  confessor  admonish  them,  in  accordance  with  the  prin- 
ciple principiis  obsla,  to  avoid  carefully  for  the  future  the#e  things  and 
everything  impure.  But  let  him  do  so  with  fatherly  love,  in  order  that, 
should  they  do  these  things  again,  the  children  may  not  be  afraid  to  confess 
them. 


THE    CONFESSION    OF    CHILDREN  569 

In  the  preparatory  instruction  the  confessor  must  specially 
accentuate  the  seal  of  the  confession,  and  not  fail  to  represent 
the  confessor  to  the  child  as  the  substitute  of  Christ,  who,  like 
our  divine  Savior,  receives  children  (and  children  who  have 
sinned  also)  as  a  loving  father,  and  as  the  Good  Shepherd 
rejoices  over  the  return  of  the  child  by  a  sincere  confession. 

3.  If  a  child  has  concealed  a  sin  against  the  seventh  command- 
ment, it  is  easier  for  the  confessor  to  discover  the  insincerity. 
He  must  ask  what  was  stolen,  where  and  from  whom  it  was 
stolen,  if  other  things  than  eatables  were  stolen,  what  was 
done  with  them,  etc.  Stealing  and  eating  dainties  by  stealth  gen- 
erally go  together,  as  the  longing  for  these  dainties  often  makes 
the  child  a  thief.  Another  form  of  theft  is  keeping  back  money 
when  parents  or  others  have  sent  the  child  to  make  purchases. 
Study  and  experience,  especially  in  the  cure  of  souls,  and  light 
from  above,  for  which  the  confessor  must  always  pray  before 
confessions  and  during  them  in  more  difficult  cases,  will  enable 
him  to  discover  other  points  which  cannot  be  here  discussed. 

The  next  task  of  the  confessor  is  to  instruct  the  child,  to  pre- 
scribe remedies,  and  to  dispose  it  for  the  absolution.  The  sins 
which  have  been  confessed  will  furnish  the  occasion  for  the 
instruction;  but  instruction  concerning  the  necessary  truths  of 
faith  may  also  be  required,  especially  when  absolution  cannot 
be  deferred.  The  confessor  must  particularly  inform  the  child 
concerning  the  malice  and  hatefulness  and  evil  consequences  of 
its  sins ;  then  also  concerning  the  beauty  and  rewards  of  virtue 
and  the  duties  of  its  station.  Nor  should  he  fail  to  remind  the 
children  of  their  sublime  pattern,  the  divine  Child  Jesus.  The 
confessor  should  inspire  them  with  love  and  confidence  in  the 
Blessed  Virgin,  their  heavenly  Mother,  and  teach  them  devo- 
tional practices  in  her  honor  and  service.  Finally,  he  should 
recommend  to  them,  as  a  means  of  obtaining  virtue,  zealous  and 
regular  prayer,  recollection  of  the  presence  of  God,  and  avoid- 
ance of  bad  companions ;  and  let  him  not  tire  of  telling  the  chil- 


570  THE    MINISTER    OF    THE    SACRAMENT 

dren  all  this  over  and  over  again,  and  implanting  it  in  their 
hearts.  It  will  remain  there,  and  in  due  time  bring  forth  good 
fruit.  Though  he  has  imparted  these  precepts  and  exhortations 
during  the  religious  instruction,  he  should  repeat  them  at  the 
confession  in  suitable  form;  they  will  be  more  effective  there; 
but  they  must  be  adapted  to  the  intelligence  of  the  child  and 
be  short  and  forcible. 

With  the  performance  of  this  duty  he  must  combine  another, 
the  healing  of  the  wounds  of  the  child's  soul.  This  healing 
begins  with  the  acknowledgment  of  the  evil  in  the  examination 
of  conscience  and  confession,  is  carried  on  by  the  sorrow,  and 
completed  by  the  absolution,  through  which  grace  is  poured  into 
the  soul.  By  means  of  the  instruction  which  the  confessor  gives 
the  child,  he  will  seek  to  move  it  to  real  sorrow  and  firm  purpose 
of  amendment.  This  is  a  principal  task  of  the  confessor  in  chil- 
dren's confessions.  How  often  and  how  easily  the  latter  become 
invalid,  or  doubtfully  valid,  from  the  child's  having  been  too 
superficial  and  thoughtless  in  awakening  sorrow  and  firm  pur- 
pose, not  having  been  properly  attentive  during  the  preparation, 
and  having  repeated  an  act  of  contrition  and  purpose  of  amend- 
ment more  with  the  mouth  than  with  the  heart.  The  confessor 
must  have  due  regard  for  this,  and  employ  the  necessary  care 
for  warding  off  such  evil.  If  the  immediate  preparation  for  con- 
fession was  a  good  one,  he  may  set  his  mind  at  rest  as  regards 
most  of  the  children ;  nevertheless  he  will  here,  once  more,  seek 
to  move  the  child  to  sorrow  and  renewal  of  purpose  in  a  few 
forcible  words.  But  if  the  immediate  preparation  above  de- 
scribed was  entirely  left  to  the  individual  children,  and  if  the 
confessor  has  misgivings  about  it,  he  must  supply  what  is  want- 
ing by  short  but  earnest  admonitions. 

Let  the  confessor  be  persuaded  that  his  endeavors  are  not  in 
vain,  and  even  if  it  should  be  his  experience  that  the  child  has 
turned  to  no  advantage  these  preparations  for  confession,  let 
him  not  be  disheartened.     The  child  will  recognize  the  represen- 


THE    CONFESSION    OF    CHILDREN  571 

tative  of  Christ  in  him  better  in  the  confessional  than  at  the 
instruction,  and  if  he  speaks  as  such,  inspired  by  a  pure  inten- 
tion and  a  holy  zeal  for  the  love  of  Jesus,  he  may  confidently 
expect  that  his  words,  aided  by  the  grace  of  God,  will  make  their 
way  to  the  child's  heart,  and  there  find  fruitful  soil.  The  child's 
heart,  though  fickle  and  thoughtless,  is  not  so  insensible  to  con- 
trition; the  feeling  of  gratitude  and  love  is  there,  and  the  love 
of  God  is  more  easily  excited  in  it.  Still  easier  will  it  be  for  the 
confessor  to  move  the  child  to  a  firm  purpose  of  amendment.  In 
this  work  of  healing  he  must  pay  special  attention  to  certain 
sins,  which  often  occur  with  children,  and  are  particularly  ruin- 
ous in  them  —  lying,  stealing,  and  impurity. 

(a)  If  the  child  shows  a  tendency  to  lying,  the  confessor  must 
first  of  all  emphasize  the  sinfulness  of  lying,  as  it  is  often  scarcely 
regarded  as  a  sin  and  confessed  as  a  matter  of  custom,  in  many 
cases,  it  must  be  feared,  without  due  sorrow  and  purpose  of 
amendment.  He  should  point  out  to  the  child  the  particular 
hatefulness  of  lying,  as  expressed  by  the  Holy  Ghost  in  Holy 
Writ:  "Lying  lips  are  an  abomination  to  the  Lord"  (Proverbs 
xii.  22),  and  that  "a  lie  is  a  foul  blot  in  a  man"  (Eccles.  xx.  26) ; 
that  God,  as  the  eternal  truth,  especially  hates,  detests,  and 
punishes  lying  (Eccles.  vii.  14) ;  that  men  also  detest  a  liar,  for  one 
who  has  once  lied  is  not  trusted  again;  that  lying  brings  a  child 
no  good,  as  everything  comes  to  light  sooner  or  later. 

(b)  If  the  child  has  stolen  something,  the  confessor  must 
inquire  concerning  the  cause  of  the  theft.  Causes  of  theft  may 
be :  Want,  in  the  case  of  very  poor  children,  who  do  not  receive 
sufficient  food,  or  who  cannot  procure  the  necessary  articles  for 
school  use.  This  cause  will  be  discovered  without  much  diffi- 
culty by  the  question:  "What  did  you  steal?"  "What  did 
you  do  with  the  stolen  money?"  Of  course  such  children  must 
be  treated  leniently,  but  forbidden  to  steal  again;  at  the  same 
time  they  should  be  told  that  if  they  are  again  in  need  of  any- 
thing, to  come  to  him,  the  confessor  (or  the  parish  priest),  and 


572  THE    MINISTER    OF    THE    SACRAMENT 

make  known  their  trouble,  and  they  will  be  helped.  Sensuality 
may  be  another  cause;  inducing  them  to  pilfer  sweets,  or  buy 
them  with  stolen  money.  These  children  should  be  earnestly 
admonished,  often  to  think  that  God  sees  them.  Finally,  a  cause 
of  stealing  may  be  an  innate  or  acquired  tendency.  In  these 
cases  the  amendment  of  the  child  is  very  difficult,  but  the  con- 
fessor should  not  give  up  hope,  even  when  the  tendency  is 
deeply  rooted.  In  the  first  place,  he  should  point  out  to  the 
child  the  sinfulness  of  stealing,  and  suggest  the  necessary  meas- 
ures (according  to  the  circumstances)  for  overcoming  and 
eradicating  the  evil  -  -  daily  renewal  of  purpose  and  prayer 
for  grace,  recollection  of  the  presence  of  God.  If  the  children 
are  induced  by  their  parents  to  steal,  the  confessor  can  only 
command  them  not  to  obey  their  parents  in  future,  and  to 
declare  that  they  must  obey  God  who  has  forbidden  stealing; 
the  rest  he  must  leave  to  the  grace  of  God.  If  the  child  is  led 
into  stealing  by  others,  it  must,  of  course,  give  up  all  intercourse 
with  them  at  once,  and  (according  to  the  circumstances)  inform 
parents  and  teachers  of  the  fact.  The  duty  of  restitution  is  not 
to  be  imposed  upon  children,  as  they  are  generally  incapable  of 
making  restitution,517  excepting  the  case  where  the  child  still 
possessed  the  stolen  object;  it  should  then  be  admonished  to 
restore  the  object,  in  order  effectually  to  deter  it  from  stealing.518 
(c)  The  most  dangerous  and  worst  sin  with  children  is  that 
of  impurity.     If  a  child  accuses  itself  of  this,  and  if  the  priest 

517  The  reason  which  Aertnys  (Instr.  pract.  1.  c.)  adds  to  this:  quia  hanc 
obligntionem  non  intelligunt,  can  certainly  not  be  allowed  to  hold  in  the  case 
of  older  and  more  educated  children. 

518  Tappehorn,  1.  c,  says  that  in  all  cases  the  confessor  must  insist  that 
the  thing  stolen  should,  if  possible,  in  some  way  or  other,  even  with  the 
help  of  the  confessor,  be  restored ;  but,  surely,  this  is  too  severe,  even  with 
the  limitation  "  if  possible,"  and  the  addition  that  absolution  might  rather  be 
deferred  till  the  restitution  had  been  made,  must  be  limited  to  the  case  of  a 
more  considerable  theft,  when  the  stolen  object  is  still  in  the  possession  of 
the  penitent,  and,  perhaps,  to  the  case  of  a  child  who  had  repeatedly  com 
mitted  thefts. 


THE    CONFESSION    OF    CHILDREN  573 

believes  that  real  sins  of  impurity  are  in  question,  he  must 
investigate  if  the  child  has  fallen  into  them  through  his  own 
desire,  or  through  the  seduction  of  others.  If  the  former  is  the 
case,  the  confessor  should  point  out  clearly  and  in  a  manner 
adapted  to  its  comprehension,  the  heinousness  of  this  sin,  which 
ruins  body  and  soul,  and  makes  us,  as  does  no  other  sin,  an 
object  of  horror  to  an  infinitely  pure  God.  He  should  remind 
the  child  of  our  divine  Redeemer  at  the  pillar,  where,  by  the 
dreadful  pain  and  shame  which  He  suffered,  He  atoned  for  this 
sin.  All  this  he  should  set  before  the  child  in  eloquent,  impres- 
sive words,  so  that  it  may  recognize  how  much  his  confessor 
detests  these  sins  and  loves  the  virtue  of  purity.  Let  the  con- 
fessor take  occasion  to  glorify  this  holy  virtue,  pointing  out  how 
much  it  is  loved  by  God  and  man,  how  much  praised  by  the 
Holy  Ghost,  how  it  ennobles  a  man,  making  him  like  the  angels. 
This  recommendation  of  holy  purity  will  be  especially  fruitful 
if  accompanied  by  a  special  devotion  to  holy  and  chaste  young 
saints,  especially  to  the  Virgin  of  virgins,  to  St.  Agnes,  St.  Alo- 
ysius,  St.  Stanislaus,  and  St.  John  Berchmanns.  In  this  manner 
let  him  bring  the  child  to  a  detestation  of  its  sins,  and  to  a  firm 
and  determined  purpose  of  resisting  wicked  desires  and  all  temp- 
tations of  Satan,  and  to  adopt  the  necessary  means  for  this.  As 
means  of  amendment  he  can  prescribe  according  to  circum- 
stances :  daily  renewal  of  the  good  resolutions,  daily  prayer  to 
the  Blessed  Virgin,  frequent  and  regular  reception  of  the  holy 
Sacraments ;  especially  confessions  each  time  the  sin  is  committed 
(this  latter  remedy  is  particularly  to  be  recommended  if  the  sin 
has  already  become  habitual,  or  has  led  to  pollution).  Other 
devotional  exercises  are  the  honoring  of  St.  Aloysius,  especially 
by  the  six  Sundays  of  Aloysius  (the  celebration  of  which  may 
very  well  be  recommended  to  older  children) ;  little  mortifica- 
tions for  the  purpose  of  overcoming  sensuality  are  also  very 
appropriate.  If  seduction  by  others  was  the  cause  of  the  fall, 
the  confessor  must  direct  the  child  to  avoid  intercourse  with 


574  THE    MINISTER    OF    THE    SACRAMENT 

the  evil  companion;  but  if  this  is  morally  impossible  (for  in- 
stance, when  older  brothers  and  sisters,  or  children  of  the  same 
school,  are  the  seducers),  he  must  give  suitable  rules  by  means 
of  which  the  immediate  occasion  may  become  a  remote  one. 
Whether  the  child  may  be  commanded  to  denounce  the  seducer 
to  parents  or  superiors  depends  upon  circumstances,  and  the 
priest  must  examine  into  these ;  a  denunciation  is  a  very  effica- 
cious means  by  which  the  sins  of  others  also  may  be  checked. 
He  must  then  tell  the  child  how  it  can  do  this. 

The  third  task  devolving  upon  the  confessor  is  to  judge  of  the 
child's  disposition,  and  according  to  his  decision  to  give  absolu- 
tion or  to  defer  it.  If  the  child  has  made  a  sincere  confession, 
answered  candidly  the  confessor's  questions,  listened  attentively 
to  his  exhortations,  said  the  act  of  contrition  devoutly  and  ear- 
nestly, if  its  behavior  has  been  generally  good  (before  confession 
also,  in  the  church,  at  the  preparation),  or  if  in  answer  to  the 
confessor's  question  it  has  declared  that  it  was  sorry  for  its  sins, 
and  that  it  wished  to  amend,  the  confessor  may  be  satisfied  as 
to  its  dispositions.  If  he  still  doubts  as  to  the  child's  disposi- 
tions (even  after  he  has  taken  pains  to  dispose  it,  for,  in  doubt, 
the  confessor  must,  as  shown  above,  seek  to  dispose  the  peni- 
tent), or  if  he  doubts  as  to  the  necessary  usus  rationis,  and  if 
the  child  will  not  come  again  for  two  or  three  months  (as  is 
mostly  the  case)  or  if  it  is  in  danger  of  death,  he  should  give 
conditional  absolution.  This  also  is  allowed  (in  a  case  of  doubt- 
ful disposition)  when  the  child  has  confessed  venial  sins  only, 
and  it  is  not  likely  that  it  will  soon  come  to  confession  again. 
Concerning  the  postponement  of  absolution,  see  the  principles 
laid  down  above,  which  apply  here  also.519 

As  to  the  penance,  let  the  confessor  observe  the  teaching  dis- 
cussed above  (§  33).  Let  him  be  careful  not  to  impose  any 
severe  penance  upon  the  child,  though  it  should  be  easier  at  one 

519  Cf.  S.  Alph.  Lib.  VI.  n.  432;  Prax.  Conf.  n.  91  ;  Aertnys,  1.  c.  n.  126. 


CONFESSION    OF     YOUNG     UNMARRIED    PEOPLE       575 

time,  and  severer  at  another,  corresponding  to  the  sins.  More- 
over the  penance  should  not  be  extended  over  any  long  period, 
on  account  of  the  forgetfulness  of  children;  nor  be  such  as  the 
child  must  pen-form  before  others,  and  thus  be  exposed  to  confu- 
sion. 

In  conclusion,  we  briefly  refer  to  the  question :  How  often 
should  children  confess?  If  there  are  diocesan  regulations  on 
this  point,  —  and  there  are  in  most  dioceses, ; — they  must,  of 
course,  be  observed.  Where  no  such  direction  exists,  the  zeal- 
ous and  conscientious  priest  will  —  as  confession  is  of  such  great 
importance  for  children,  and  as  it  is  one  of  the  most  powerful 
means  of  preservation  from  sin  and  the  practice  of  virtue,  espe- 
cially with  those  who  have  not  yet  made  their  first  communion 
—  assuredly  be  glad  to  follow  the  precept  which  St.  Charles  Bor- 
romeo  gave  to  his  clergy,  namely,  to  induce  children  to  confess 
frequently.  Let  confession  four  times  a  year  be  the  rule,  and 
if  he  considers  it  necessary,  on  account  of  particular  circum- 
stances, he  will  readily  grant  the  children  more  frequent  oppor- 
tunities; those  who  are  preparing  for  their  first  communion, 
especially,  he  will  admit  to  confession  frequently  during  the  last 
year  before  the  reception ;  say,  every  month,  as  is  the  regulation 
in  some  dioceses.520 

75.   The  Confession  of  Young  Unmarried  People. 

Youth,  the  springtime  of  life,  is  the  most  beautiful,  but  at 
the  same  time  the  most  dangerous,  period  of  existence.  The 
young  man  and  the  young  woman,  more  or  less  removed  from 
parental  care  and  observation,  come  into  closer  contact  with 
the  world ;  many  young  people  are  obliged  to  leave  the  parental 
roof  to  learn  a  business  or  trade,  or  to  earn  money  for  their  own 

5-°  Tappehorn,  Anleitung  zur  Verwaltung  des  Buss-Sakramentes,  §4S; 
Aertnys,  Instr.  pract.  cp.  2,  art.  1,  an.  120-128.  Dubois,  The  Practical 
Confessor;  Frassinetti,  The  Confession  of  Children. 


576  THE    MINISTER    OF    THE    SACRAMENT 

support  or  for  that  of  their  relations,  in  factories,  workshops,  or 
in  strange  houses  as  servants.     And  the  dangers  which,  either 
temporarily  or  constantly  threaten  them  in  these  places,  are  not 
slight.     Others,  more  happily  situated,  can  remain  at  home,  but 
even  here  they  are  not  sheltered  from  all  the  dangers  which  the 
world,  and  contact  with  it,  prepare  for  them.     And  youth  is  so 
trustful,  so  easily  beguiled,  dazzled,  and  misled;    the  youthful 
heart  is  so  susceptible,  the  youthful  ear  so  open,  evil  often  finds 
its  way  to  the  guileless  heart  in  the  guise  of  what  is  good  or 
harmless  or  indifferent;   it  is  excused,  or  represented  as  neces- 
sary, whereas  virtue  is  despised  as  weakness  or  reviled  as  folly, 
or  denied  as  impossible.     In  the  heart  the  passions  and  the 
sensual  impulses  awaken,  while  the  enemy  of  all  good  constantly 
watches  to  achieve  the  ruin  of  the  soul.     The  greatest  dangers 
are  pleasure,  bad  company,  bad  books,  and  human  respect.   There- 
fore is  it  so  very  important  that  the  young  should  have  an  expe- 
rienced, wise,  circumspect  confessor  who  knows  youth  well,  — 
the  youthful  heart  with  its  inclinations,  the  youthful  mind  with 
its  aspirations  and  the  dangers  that  beset  its  path ;  a  confessor 
who  can  admonish,  instruct,  and  guide  it,  incite  it,  and  awaken 
its  enthusiasm,  restrain  and  warn  it ;  who  will  hold  fast  to  right 
principles,  but  enforce  them  with  wise  moderation;   who  will 
lead  his  young  penitents  into  the  ways  of  goodness  and  virtue 
without    exciting    their    resistance  —  a    confessor   who   has   a 
warm  heart  for  youth.     Let  him,  therefore,  gladly  take  upon 
himself   the   difficult   but  noble  and   blessed  task  of  being  a 
father  and  guide  to  youth.    Of  this  labor  St.  John  Chrysostom521 
says  truly:    "What  is  equal  to  the  art  of  guiding  the  souls  of 
the  young,   of  forming  their  minds  and  hearts?     He  who  is 
equipped  with  the  capacity  for  it  must  exercise  more  care  than 
a  painter  or  a  sculptor  upon  his  work."     That  the  confessor  of 
young  people  may  work  with  success  it  is  necessary  that  he 

521  Horn.  59  in  Matt,  xviii,  u.  7. 


CONFESSION    OF    YOUNG     UNMARRIED    PEOPLE       577 

should  win  their  hearts  by  the  absolute  confidence  with  which  his 
truly  fatherly  love  inspires  them.  Let  him  not  repel  these  young 
people  by  cold,  harsh  treatment,  but  make  due  allowance  for 
their  weakness,  their  inexperience,  their  inconstancy;  they  will 
then  follow  his  instructions,  admonitions,  and  counsels  with 
docility  and  with  the  enthusiasm  which  is  peculiar  to  youth. 
Moreover,  let  him  make  the  work  of  confessing  easy  to  them  so 
far  as  may  be,  in  order  that  they  may  gladly  and  often  confess 
and  communicate.  If  it  is  possible,  let  him  induce  and  accus- 
tom them  to  the  constant  habit  of  confessing  every  month,  or 
at  least  every  two  or  three  months;  for  frequent  confession  and 
communion  is  of  especial  benefit  to  young  people,  in  order  — 
(1)  to  preserve  them  from  sinful  habits,  for  they  will  rise  the 
quicker  from  sin  the  oftener  they  approach  the  Sacrament  of 
Penance,  and  sin  cannot  settle  into  a  habit  if  the  heart  is  quickly 
cleansed  from  it.  In  any  case  the  beginnings  will  be  easily  over- 
come. If,  however,  a  sinful  habit  has  already  taken  root,  fre- 
quent confession  and  communion  is  the  most  certain,  often  the 
only,  remedy.  (2)  By  it  they  accustom  themselves  to  pious  exer- 
cises, which  are  learnt  and  performed  more  easily  in  youth  than 
later  on,  and  by  continued  practice  they  will  be  confirmed  in 
piety,  which  is  itself  a  firm  support  of  weak  and  vacillating 
youth,  a  safe  and  protecting  bulwark  against  danger. 

(3)  They  will  then  also  receive  the  holy  Sacraments  frequently  in 
later  life,  and  will  be  preserved  from  that  pernicious  fear  of  the  con- 
fessional, from  which  so  many  men  and  women  suffer  in  our  days. 
For,  as  the  Holy  Ghost  teaches,  and  experience  proves,  a  youth 
will  not  forsake  easily  in  old  age  the  path  which  he  trod  in  early 
years.  But  those  who  in  youth  seldom  receive  the  holy  Sacra- 
ments will,  as  experience  also  proves,  shun  confession  more  and 
more  as  age  advances.522 

522  It  is  good  to  invite  them  at  stated  times  to  monthly  communions  in 
regular  turns,  and  if  a  number  of  the  young  people  of  the  parish  approach 
holy  communion  every  Sunday,  it   will  edify,  ami    will    induce    older    per- 


578  THE    MINISTER    OF    THE    SACRAMENT 

When  the  confessor  has  a  suspicion  that  his  young  peni- 
tents have  not  confessed  sincerely,  he  may  (as  it  shall  seem  to 
him  advisable,  and  having  regard  always  to  the  rules  applicable 
to  questioning)  ask  if  they  have  been  much  troubled  by  tempta- 
tions against  holy  purity,  if  they  have  had  intercourse  with  cor- 
rupt people,  if  they  have  read  bad  books?  He  may  also  ask, 
especially  where  the  preceding  questions  were  answered  in  the 
affirmative,  if  they  have  done  anything  immodest  or  permitted 
it  ?  But  in  all  these  questions  let  the  confessor  be  modest  and 
careful  in  his  expressions,  lest  he  wound  by  awkward  questions 
and  teach  the  penitent  some  sin  before  unknown  to  him,  or  ex- 
cite his  curiosity.  He  will  more  easily  attain  to  his  end  with 
young  men,  as  these  are  generally  more  open  than  persons  of 
the  other  sex.  Sometimes  young  people  of  both  sexes  do  not 
know  what  a  sin  of  impurity  is,  although  they  accuse  themselves 
of  impure  thoughts. 

The  faults  peculiar  to  youth  are :  — 

(a)  Disobedience  to  parents  and  superiors,  which  results  in 
much  evil.  The  confessor  must  find  out  in  what  they  have 
been  disobedient  —  neglecting  divine  service,  religious  instruc- 
tions and  the  holy  Sacraments,  attending  forbidden  entertain- 
ments, frequenting  bad  company,  keeping  up  dangerous  and 
sinful  connections  with  persons  of  the  other  sex  (familiarities, 
flirtations).  Then  let  him  point  out  the  evil  consequences  of 
their  disobedience,  the  obligation  of  obeying  which  still  remains 
in  force  when  they  have  become  older,  are  earning  money,  or 
supporting  their  parents,  in  fact  as  long  as  they  remain  under 
parental  control.  He  should  remind  them  of  the  promises  of 
the  fourth  commandment,  and  the  threats  of  God  against 
those  children  who  disobey  this  commandment.  At  the  same 
time  let  him  instill  in  their  hearts  reverence  and  love  for  their 

sons  to  frequent  reception  of  the  holy  Sacraments.  Attendance  at  the 
regular  communion  should  be  urged  again  and  again;  the  latter  should  also 
be  celebrated  with  some  exterior  solemnity. 


CONFESSION    OF    YOUNG    UNMARRIED    PEOPLE       579 

parents  and  superiors.  Then  let  him  lay  special  stress  upon 
sincerity  toward  parents,  superiors,  and  the  confessor;  and  in- 
culcate a  deep  abhorrence  of  dissimulation  and  lying,  which 
make  the  education,  protection,  and  guidance  of  inexperienced 
youth  impossible,  and  expose  it  to  great  dangers. 

(b)  Lore  of  pleasure.  It  excites  the  young  man  (and  also  the 
young  woman)  to  a  craving  for  enjoyment,  withdraws  him  more 
or  less  from  useful  pursuits.  It  leads  the  young  man  into  danger- 
ous society,  the  young  woman  into  ruinous  and  sinful  intimacies, 
which  are  secretly  and  prematurely  carried  on,  and  are  fruitful 
in  sins  and  excesses;  it  ultimately  leads  both  of  them  into  dis- 
obedience toward  their  parents,  to  lying,  to  extravagance,  to 
deception  and  theft  practiced  on  parents,  and  to  still  worse 
things.  Moreover,  it  takes  from  them  all  devotion  and  fear  of 
God. 

(c)  If  love  of  pleasure  appears  more  in  young  men,  desire  of 
pleasing  is  characteristic  of  young  women;  it  induces  vanity, 
levity,  distraction,  and  sins  against  chastity.  The  confessor 
should  combat  these  passions  with  all  his  zeal  and  show  how 
they  may  be  suppressed. 

He  should  recommend  to  young  people  as  excellent  means  of 
acquiring  and  cultivating  the  fear  of  the  Lord  and  true  virtue :  — 

1.  Regular  daily  prayer,  and  attendance  at  divine  service,  Mass, 
sermons,  and  Christian  instruction.  As  long  as  a  young  man  or 
a  young  woman  say  their  daily  prayers  and  attend  Mass,  it  is 
well  with  them;  but  as  soon  as  they  begin  to  grow  negligent  in 
these  practices,  it  is  a  certain  sign  that  they  are  no  longer  in  the 
path  of  virtue,  and  if  they  have  not  yet  reached  the  broad  high- 
way of  vice,  they  are  certainly  on  the  road  which  very  soon 
leads  into  it.  Experience  teaches  that  a  man  does  not  become 
all  at  once  corrupt  and  wicked;  he  usually  falls  imperceptibly 
and  by  degrees.  He  no  longer  confesses  and  communicates 
regularly  every  four  weeks,  —  first  five  elapse,  then  six  or  seven ; 
morning  and  night  prayers  are  no  longer  said  punctually  and 


580  THE    MINISTER    OF    THE    SACRAMENT 

kneeling,  —  they  are  sometimes  omitted,  shortened,  said  in  bed , 
now  and  then  the  religious  instruction  and  the  afternoon  devo- 
tion are  missed,  and  excuses  are  forthcoming ;  at  the  same  time 
there  is  no  longer  the  earnest  endeavor  to  resist  temptation, 
there  is  no  longer  the  same  fear  of  sin.  Upon  the  lesser  negli- 
gences supervene  greater  ones,  and  upon  the  smaller  faults 
greater  sins.  This  is  the  usual  progress.  Let  the  confessor, 
therefore,  urge  punctual  prayer  and  regular  attendance  at  divine 
service. 

Many  young  men  and  women  cannot  attend  at  Mass  on  week- 
days; if  they  are  absent  from  it  on  Sundays  also,  they  are  not 
only  robbed  of  many  necessary  graces,  but  they  neglect  the  first 
duty  of  man,  the  service  of  God,  become  more  and  more  es- 
tranged from  God  and  holy  things,  and  in  the  same  measure 
attached  to  the  world  and  worldly  things,  with  the  result  that 
sin  and  passion  are  more  easily  and  more  deeply  rooted  in  them. 
If  young  people  come  with  the  excuse  that  they  were  obliged 
to  work  on  Sunday,  and  therefore  were  not  able  to  be  present 
at  Mass,  the  confessor  must  investigate  the  validity  of  this 
excuse  and  give  the  necessary  directions  and  instructions.  He 
should  not  be  overready  to  admit  its  validity;  in  towns  espe- 
cially, by  a  little  good  will  and  zeal,  though  at  cost  of  some 
effort,  Mass  may  be  heard  before  work  begins.  These  same  peo- 
ple will  often  deprive  themselves  of  necessary  rest  when  it  is  a 
question  of  pleasure !  Work  on  Sundays  is  not  always  inevi- 
table and  absolutely  necessary,  and  other  situations  are  to  be 
found  in  which  it  is  not  demanded.  The  confessor  must  inquire 
into  all  this. 

2.  Great  esteem  for  holy  purity  and  a  great  horror  of  im- 
purity. For  this  purpose  the  confessor  should  encourage  (a)  the 
reading  of  good  books,  warn  his  penitents  against  idleness,  and 
instill  in  them  a  love  of  virtue  (§  66,  IV).  He  should  also  (6)  cau- 
tion them  against  sinful  talk  and  familiar  intercourse  with  persons 
of  the  opposite  sex,  and  against  bad  company;    this  warning 


CONFESSION    OF    YOUNG    UNMARRIED    PEOPLE       581 

should  be  especially  addressed  to  young  women,  who  should 
also  be  admonished  to  be  decent  and  modest,  as  becomes  virtu- 
ous women,  at  all  times  and  in  all  places  —  at  work,  at  recrea- 
tion, in  the  house,  out  of  the  house,  in  dress,  and  in  manners; 
(c)  he  should  endeavor,  to  the  best  of  his  ability,  to  keep  them 
from  dangerous  pleasures,  especially  from  theaters,  dances, 
shows  (§  66,  II.  Ill),  and  certain  pleasure  trips,  which,  unfor- 
tunately, in  our  days  are  so  general,  and  for  which  so  many 
opportunities  are  afforded;  indeed,  he  will  be  obliged  to  forbid 
many  of  them  to  certain  penitents  as  they  are  for  these  penitents 
occasio  proximo,  relativa;  (d)  he  should  also  seek  to  hinder 
young  men  from  joining  certain  societies,  the  principal  object 
of  which  is  pleasure,  and  which  so  often  give  occasion  for  profa- 
nation of  Sundays  and  holidays  and  for  other  scandals,  and  in 
which  the  ruling  spirit  is  not  one  favorable  to  religion  and  vir- 
tue. On  the  other  hand,  he  should  recommend  them,  and 
young  women  also,  to  join  a  well-conducted  religious  society  or 
sodality;  (e)  he  should  induce  them  confidently  to  unfold  to 
their  confessors  all  their  temptations,  struggles,  and  difficulties; 
(/)  finally,  he  should  recommend  and  urge  frequent  reception 
of  the  holy  Sacraments  after  careful  preparation  and  an  earnest 
endeavor  to  sanctify  the  day  of  communion. 

But  only  the  regular  confessor  can,  in  this  prescribed  manner, 
produce  permanent  effect  upon  young  men  and  women.  Only 
he  who  has  known  and  guided  his  penitent  a  long  time  can  effec- 
tively warn  him  against  threatening  dangers;  and  when  the 
latter  has  gone  astray,  a  confessor  can  easily  lead  him  back, 
and  preserve  him  from  future  dangers  and  relapse.  It  is,  there- 
fore, of  the  greatest  importance  that  young  people  should  not 
change  their  confessors  without  a  good  reason.  They  should  be 
advised  to  choose  a  regular  confessor  and  to  give  him  their  con- 
fidence, ready  to  submit  with  docility  to  his  admonitions  and 
precepts.  But  if  his  penitents  confess  once  or  twice  to  another 
priest,  the  permanent  confessor  must  by  no  means  express  dis- 


582  THE    MINISTER    OF    THE    SACRAMENT 

pleasure  or  irritation ;  under  certain  circumstances  he  must  even 
express  satisfaction  at  it,  for  it  is  better  that  they  should  confess 
sincerely  to  another  priest  than  sacrilegiously  to  him.  When 
they  return  to  him  he  should  show  even  greater  love  and  con- 
cern for  them,  and  resume  their  guidance  with  the  accustomed 
conscientiousness.  The  priest  to  whom  these  penitents  come 
without  the  knowledge  of  their  former  confessor  must  receive 
them  kindly,  dispose  them,  if  necessary,  and  induce  them  to  be 
sincere  after  they  return  to  the  former  confessor. 

The  confessor  must  devote  special  attention  to  a  vice  with 
which  so  many  young  people  are  infected  —  the  vitium  pollu- 
tionis--  in  order  to  preserve  those  who  are  still  untainted  by 
this  pest,  and  to  deliver  and  cure  those  who  are  its  victims.  In 
a  former  section  (§  69,  II)  we  have  said  what  was  necessary  on 
this  point,  and  enumerated  the  remedies  which  the  confessor 
must  apply  to  these  unfortunate  penitents.523    If  the  young 

523  Here  we  will  only  insert  the  Notanda  from  the  Instr.  pract.  P.  III.  art. 
II.  §  1,  n.  131,  by  Aertnys:  (1)  Animadverted  confessarius,  quod  docuit  experi- 
entia,  nempe  nullum  ccelibem,  qui  ad  provectam  aztatem  usque  in  habitu  hujus  vitii 
vixerit,  ad  f rug  em  red  ire  posse  nisi  extraordinaria  Dei  gratia  pnzveniatur ;  prin- 
cipiis  ergo  obstet,  ne  malum  per  multas  invaleat  moras  et  sero  medicina  paretur. 

(2)  Interdum  inveniuntur  juvenes  utriusque  sexus,  qui  habitu  pollutionis  antehac 
irretiti,  valde  cupiunt  hac  miseria  soluti  esse,  sed  vehementer  tentantur,  et,  quam- 
vis  resistant  et  orent,  pollutio  nihilominus  sozpe  evenit.  Idem  aliquando  contingit 
ob  corporis  complexionem  nervosum  aut  sanguinosam,  quce  vehementes  tentationes 
causat.  Qui  doceantur  pollutionem  omnino  involuntariam  non  esse  peccatum. 
Nevertheless,  the  confessor  must  be  careful,  and  not  readihj  believe  that  the 
penitent  had  sufficiently  resisted,  but  duly  investigate  if  this  has  been  the  case. 

(3)  Others  resist  at  the  beginning,  but  lose  courage  if  the  temptation  does 
not  cease,  wrongly  imagining  that  resistance  is  in  vain.  Such  must  be 
encouraged  to  further  resistance ;  si  tamen  pollutio  sequitur  sua  sponte,  invol- 
untaria  censemla  est  utpote  prceter  voluntatem  secuta,  and,  therefore,  there  is  no 
sin.  (4)  Alii  demum  timorata3  conscientioz,  sed  nervosce  complexionis, in  lecto  vehe- 
mentes commotiones  carnis  identidem  patiuntur  :  si  positwam  resistentiam  oppo- 
nere  perqant,  obdormiscere  nequeunt,  et,  si  tandem  sopiantur,  jiollutio  in  somno 
evenit.  These  should  be  admonished  to  pray  for  divine  help,  to  make  a  firm 
act  of  disapproval,  and  then,  with  a  quiet  conscience,  to  assume  a  passive 
attitude,  in  accordance  with  the  teaching  of  St.  Alphonsus,  Lib.  V-  de  pec- 
cato,  n.  !). 


ADVICE    REGARDING    VOCATION  583 

penitents  (male  or  female)  are  inmates  of  an  educational  estab- 
lishment, the  confessor  must  not  overlook  the  possibility  of 
particular  friendships,  as  these  prove  to  be  very  injurious.  At 
first  they  are  merely  matters  of  fanciful  preference,  without 
harm.  But  later  on  such  friends  like  to  separate  themselves 
from  others  when  they  are  able  to  do  so,  and  by  degrees  the 
relationship  between  them  tends  toward  sensuality  and  to  sins 
against  purity.  This  evil  the  confessor  must  judiciously  en- 
deavor to  avert ;  if  he  observes  such  friendships,  he  must  demand 
that  they  be  broken  off,  if  necessary,  under  threat  of  refusing 
absolution.  And  if  one  of  the  parties  continues  to  be  a  cause 
of  temptation,  he  must  be  denounced  to  the  Superior  if  this  is 
possible.  The  confessor  may  be  assured  that  only  by  legitimate 
severity  will  anything  be  accomplished  in  this  matter.524 

76.  The  Confessor  as  Adviser  in  the  Choice  of  a  State  of  Life. 

It  will  often  happen  that  the  confessor  is  in  a  position  to  help 
young  people  in  the  choice  of  a  state  of  life;  we  will,  therefore, 
lay  down  a  few  rules  on  the  point. 

1.  The  confessor  is  by  his  calling  an  adviser  to  his  penitents 
in  this  matter;  for  he  knows  the  souls  of  his  penitents,  their 
inclinations,  faults,  and  weaknesses,  and  the  duties  of  the  dif- 
ferent states  of  life.  He  is  likewise  apt  to  receive  a  special  illu- 
mination of  divine  grace  in  the  exercise  of  his  office,  and  he  is 
probably  always  the  most  impartial  of  those  concerned  in  the 
decision  of  this  question.  Hence  the  penitent  usually  lays  this 
question  of  his  future  before  his  confessor  with  the  greatest 
confidence. 

2.  The  right  choice  of  a  vocation  is  of  supreme  importance 
for  a  young  man  or  young  woman;  upon  it  depend  not  only 
the  temporal  and  eternal 'welfare  of  the  party  in  question,  but 

524  Aertnys,  1.  c.  art.  IT.  §  1,  nn.  128-133 ;  Tappehorn,  Anleitung  zur  Ver- 
waltung  des  Buss-Sakramentes,  I  Abschn.  §  85. 


584  THE    MINISTER    OF    THE    SACRAMENT 

also  the  happiness  and  unhappiness  of  many  others.  The  con- 
fessor ought,  therefore,  to  expend  very  much  care  upon  this 
question;  he  must  consider,  investigate,  pray,  and  admonish 
the  penitent  to  do  the  same.  The  decision  of  such  a  weighty 
matter  should  never  be  hasty.  Noli  prcecipitanter  agere;  diu 
considera,  magnum  est,  quod  proponis,  writes  St.  Bernard.525  The 
confessor  must  inquire  into  the  abilities  of  the  young  man  or 
woman,  the  moral  condition,  and  also  the  exterior  circumstances 
of  the  person;  he  must  consider  the  question  of  means  and 
foresee  difficulties  which  may  arise.  He  must  then  investigate 
if  the  intentions  of  the  person  in  entering  upon  this  state  are 
pure  and  acceptable  to  God.  Finally,  he  must  have  recourse 
to  God  in  earnest  prayer,  that  he  may  be  able  to  give  his  peni- 
tent the  right  advice  in  so  important  a  matter.  Tria  sunt 
difficilia  mihi  et  quartum  penitus  ignoro,  namely:  viam  viri  in 
adolescentia  (Prov.  xxx.  IS,  19).  St.  Philip  Neri,  the  paternal 
friend  and  guide  of  youth,  recommends  in  the  choice  of  a  vo- 
cation, time,  prayer,  and  counsel. 

3.  The  confessor  should  not  seek  to  persuade  young  people 
to  embrace  some  particular  calling:  "Circa  statum  ab  aliquo 
adolescente  eligendum  non  audeat  Confessarius  ilium  ei  determi- 
nare,  sed  tantum  ex  indiciis  curet  suadere  statum  ilium,  ad  quern 
prudenter  judicare  potest  ipsum  a  Deo  vocari,"  is  the  admonition 
of  St.  Alphonsus  to  confessors.526  The  confessor  should,  there- 
fore, direct  the  young  man  to  submit  the  matter  to  Almighty 
God,  who  determines  the  station  in  life  of  every  individual,  and 
teach  him  that  each  one  must  seek  to  know  the  will  of  God,  and 
be  ready  to  follow  the  divine  call,  whatever  it  may  be,  for  a 
man  can  be  permanently  and  truly  happy  only  in  that  state 
which  God  has  allotted  him.  He  should  admonish  him  to  im- 
plore with  perseverance  light  from  on  high,  and  to  this  end 
perform  some    special    devotion  —  a  novena  to  Our  Lady  of 

525  Serm.  super  Ecce  nos. 

526  Praxis  Confess,  n.  92. 


ADVICE    REGARDING    VOCATION  585 

Good  Counsel,  or  to  St.  Aloysius,  the  patron  of  youth,  or  to 
St.  Joseph;  to  receive  the  holy  Sacraments,  and  preserve  him- 
self from  all  grave  sin,  so  as  to  place  no  obstacle  in  the  way  of 
the  divine  light  of  grace. 

All  this  being  done,  the  confessor  can,  trusting  to  the  grace 
of  God,  give  an  answer  which  shall  be,  if  possible,  decisive. 
God  is  wont  to  make  known  to  a  man  the  station  destined  for 
him  in  a  threefold  manner :  (a)  by  miracles,  as  He  did  in  the  case 
of  St.  John  the  Baptist,  St.  Paul,  and  many  other  saints;  (6)  by 
interior  illumination  and  suggestion,  by  means  of  which  the 
individual  is  enabled  to  recognize  the  will  of  God  clearly,  as  we 
see  illustrated  in  the  lives  of  very  many  saints  in  quite  a  remark- 
able manner;  (c)  and  generally,  by  means  of  outward  circum- 
stances, by  pronounced  inclination  and  special  capacity  for 
some  state  of  life ;  among  these  circumstances  may  be  reckoned 
the  exterior  providential  guidance  of  men,  which  the  world  calls 
chance,  but  which  the  Christian  enlightened  by  faith  recognizes 
as  the  providence  of  God. 

Respecting  individual  callings,  the  confessor  should  observe 
the  following :  — 

I.    Religious  Orders. 

If  a  young  man  or  woman  shows  an  inclination  to  enter  a 
Religious  Order  and  consults  the  confessor  about  the  matter,  the 
latter  should  first  investigate  if  the  penitent  has  the  ordinary 
abilities  for  such  a  life,  if  he  has  sound  judgment  and  a  good 
character,  if  he  is  disposed  to  obedience,  if  he  possesses  relatively 
sufficient  talent  and  knowledge,  and  if  he  is  healthy.  For  one 
who  is  not  of  sound  judgment  is  subject  to  many  hallucinations, 
and  St.  Teresa  used  to  say,  very  wisely,  that  she  did  not  wish 
to  have  either  scrupulous  or  melancholy  persons  in  her  Order, 
that  is,  such  as  were  subject  to  these  faults  in  a  considerable 
degree,  because  such  persons  are  a  cause  of  much  trouble  both 
to  themselves  and  the  community.  Those  who  have  not  good 
health  will  not  be  able  to  observe  the  general  regulations  of  the 


586  THE    MINISTER    OF    THE    SACRAMENT 

establishment,  and,  therefore,  will  be  more  of  a  burden  than  a 
benefit  to  the  community,  and  will  not  be  able  to  set  a  good  ex- 
ample. The  priest  should  then  test  the  penitent's  intention  in 
entering  the  Order,  to  see  if  it  is  the  right  one,  namely,  to  unite 
himself  more  intimately  and  closely  to  God,  to  atone  for  the 
errors  and  sins  of  his  former  life,  and  to  avoid  the  dangers  of 
the  world.  If  the  confessor  should  discover  that  the  intention 
has  been  influenced  by  some  such  motive  as  the  expectation  of 
leading  a  life  free  from  cares,  or  of  escaping  from  the  tutelage 
of  harsh  relations,  or  by  desire  of  complying  with  the  wishes  of 
parents,  he  should  proceed  cautiously,  for  under  the  circum- 
stances it  may  be  suspected  that  there  is  no  vocation.527  If,  how- 
ever, the  intention  is  right,  and  there  is  no  obstacle  in  the  way, 
the  confessor  may  not,  and  cannot,  under  grave  sin,528  prevent  or 
dissuade  the  person  from  following  his  vocation;  nor  may  any 
one  else  do  so.  The  confessor  must  also  investigate  if  the  pur- 
pose of  the  individual  in  question  is  fir?n  and  steadfast;  in  order 
to  make  sure  of  this,  it  is  sometimes  advisable  to  defer  for  a 
time  the  execution  of  the  intention,  especially  if  the  confessor 
knows  the  young  person  to  be  rather  fickle,  or  when  the  resolution 
to  enter  the  Order  was  taken  during  a  Mission,  or  under  the  in- 
fluence of  a  Retreat,  because  resolutions  are  sometimes  made 
on  such  occasions,  which,  when  the  first  zeal  has  cooled  down, 
are  not  kept.529  The  confessor  must  be  especially  careful  with 
penitents  who,  on  account  of  frequent  relapses  into  sins  of 
impurity,  give  rise  to  the  suspicion  that  they  do  not  lead  chaste 

527  To  deny  absolutely  the  existence  of  a  vocation  under  such  circum- 
stances is  too  severe  a  doctrine ;  higher  and  purer  motives  may  exist  along 
with  those  of  a  distinctly  lower  order,  and  the  aim  of  the  confessor  should 
then  be  to  foster  the  higher  motives  while  eliminating  the  lower  ones. 
Great  caution,  unquestionably,  should  be  used  where  inferior  motives  are 
detected,  but  we  should  never  lose  sight  of  the  possibility  of  God's  grace 
being  granted  to  those  whose  ideals  are  not  at  first  of  the  very  highest 
order. 

528  Cf.  S.  Thomas,  Quodlib.  III.  art.  14. 

529  Cf.  S.  Alph.  Prax.  Conf.  n.  92 ;  Aertnys,  1.  c.  n.  134. 


ADVICE    REGARDING     VOCATION  587 

lives;  and  also  with  those  who  have  reached  middle  age,  be- 
cause it  is  to  be  presumed  that,  being  settled  in  their  habits 
and  views,  they  would  find  obedience  too  difficult;  finally,  he 
should  also  be  extremely  careful  with  those  who  have  already 
belonged  to  an  Order,  because  these  do  not  generally  persevere, 
or  are  not  adapted  to  a  life  in  community. 

When  the  confessor  has  satisfied  himself,  as  far  as  possible, 
concerning  the  vocation  for  a  Religious  Order,  he  will  have  no 
difficulty  in  discovering  to  what  Order  the  young  person  is 
called.  Here  he  must  pay  special  attention  to  the  inclinations 
and  dispositions  of  the  candidate,  and  whether  regular  observ- 
ance prevails  in  the  Order  under  consideration.  But  as  long  as 
the  question  of  the  calling  is  not  quite  decided,  he  must  insist : 
(1)  that  the  person  maintain  silence  with  every  one,  even  his 
parents,  concerning  it,  till  it  is  recognized  as  his  vocation,  and 
is  to  be  carried  out;  (2)  that  he  should  persevere  in  prayer  for 
guidance,  and  frequently  receive  the  holy  Sacraments;  (3)  that 
he  should  shun  the  distractions,  pleasures,  and  vanities  of  the 
world,  otherwise  he  will  run  the  risk  of  losing  his  vocation. 

II.    The  priesthood.530 

Holy  Writ,  both  in  the  Old  and  New  Testament,  teaches  that 
a  vocation  from  God  (vocatio  divina)  is  necessary  for  receiving 
Orders  (status  clericalis).  Our  Savior  Himself  expressed  this 
truth  very  clearly  when  He  said  to  the  first  priests  of  the  New 
Law:  "Non  vos  me  elegistis,  sed  ego  elegi  vos,"  and  His  Apostle 
also,  who  writes:  "Nee  quisquam  sumit  sibi  honorem,  sed  qui 
vocatur  a  Deo  tanquam  Aaron''  (Heb.  v.  4).  The  confessor 
must,  therefore,  carefully  examine  the  candidate's  vocation  to 
the  priesthood;  indeed,  this  investigation  is  even  of  greater 
importance  than  in  the  case  of  the  candidature  for  a  Religious 
Order.     For  if  the  religious  takes  upon  himself  greater  burdens 

530  Cf.  S.  Alph.  Praxis  Conf.  n.  93;  Aertnys,  1.  c.  n.  135;  Tappehorn, 
Anleitung,  etc.,  §  85;  Lehrnkuhl,  Theol.  Mor.  Lib.  VI.  Tract.  VII.  nn.  398, 
408. 


588  THE    MINISTER    OE    THE    SACRAMENT 

with  regard  to  obedience  and  voluntary  poverty,  and  if  the  love 
of  community  life  and  a  submissive  spirit  is  not  to  such  a  high 
degree  necessary  in  the  secular  priest,  yet  greater  dangers 
threaten  the  latter,  and  fewer  safeguards  are  at  his  disposal 
than  are  possessed  by  the  religious,  who,  in  the  rule  of  his  Order 
and  the  regular  life  of  a  monastery,  finds  a  powerful  help.531 
The  chief  signs,  by  means  of  which  the  confessor  may  recognize 
a  vocation  for  the  priesthood,  are :  (1)  right  intention  —  not 
seeking  a  comfortable  life,  a  future  free  from  care,  and  honor 
in  the  eyes  of  the  world,  but  only  the  honor  of  God,  and  the  sal- 
vation of  souls;  (2)  a  persistent  inclination  to  the  spiritual 
state,  joy  in  the  spiritual  life,  and  in  the  offices  of  the  priesthood; 
(3)  confirmed  virtue  ("  virtus  probata,"  or  probitas  vita,  positiva 
nempe,  vis  virtutibus  subnixa,  quae  dignum  efficiant  altaris  minis- 
trum) ;  especially  purity  of  heart,  temperance,  piety,  modesty, 
and  zeal;532  (4)  ability  to  perform  the  duties  of  this  station. 
As,  in  our  days,  nearly  all  who  enter  the  clerical  state  wish  to 
become  priests  also,  and  by  far  the  greater  number  of  priests 
have  cura  animarum,  this  ability  consists  in  an  average  mental 
endowment  and  the  necessary  knowledge,  joined  to  a  love  of 
ecclesiastical  science,  in  prudent  judgment  and  right  conscience 
(very  scrupulous  youths  are  unsuitable).  According  to  the 
teaching  of  St.  Alphonsus,  one  who  intrudes  himself  into  the 

531  u  Jjmie  concludes,  gravissimi  momenti  esse  munus  turn  Seminarii  directoris, 
turn  alumnorum  confessarii,  ut  mat  are  cdumnos  dirigant,  eorum  animos  efforment, 
defectum  aptitudinis  aperiant,  imo  nisi  de  confessario  confessionisque  sigillo  vel 
simili  secreto  agitur,  ineptos  etiam  relegendos  curent."  —  Lehmkuhl,  1.  c. 

532  Concerning  purity  of  heart,  compare  §  69.  "  De  divina  vocatione  hie 
imprimis  nota,  debere  positiva  probatione  constare  de  vitce  probitate  turn  Superiors, 
ut  ail  Ordines,  maxime  sacros,  admittere  possit,  turn  ipsi  candidato,  ut  sacrum 
ordinem  suscipere  sibi  liceat."  —  Lehmkuhl,  1.  c.  And  very  justly  Aertnys 
writes  (Tnstr.  pract.  1.  c.  n.  135  fin.)  :  Nisi  juvenes  innocentiam  servent,  dum 
in  Seminario  ad  sacerdotales  virtutes  efformantur,  vix  spes  est  fore,  ut  illam  ser- 
vent in  Sacerdotio  constitute.  Unde  turpiter  seipsos  illi  decipiunt,  qui  arbitran- 
tur,  se  in  Sacerdotii  gradu  positos  emendaturos  esse  vitia,  in  quibus  laid  vel  clcrici 
sorduerunt. 


ADVICE    REGARDING    VOCATION  589 

priestly  office  without  a  vocation  cannot  be  acquitted  of  great 
presumption,  as  he  exposes  himself  to  the  great  danger  of  losing 
his  own  soul  and  of  giving  scandal  to  the  faithful.  He  will, 
therefore,  not  be  free  from  grave  sin.533  But  it  sometimes  hap- 
pens that  those  who  were  certain  of  their  vocation  become 
doubtful  and  vacillate;  temptations  of  the  evil  one  arise  and 
cause  confusion;  friends  and  relatives  exert  their  influences  in 
order  to  turn  them  from  the  spiritual  state,  joy  in  worldly 
pleasures  and  diversions  makes  itself  felt;  they  fear  and  shrink 
from  the  duties  of  the  office,  thinking  they  will  not  be  able  to 
perform  them,  or  they  believe  themselves  unworthy  to  enter 
such  a  holy  state.  If  a  confessor  finds  a  penitent  tempted  in 
this  manner,  he  must  try  to  inspire  him  with  courage  and  con- 
fidence, make  him  understand  that  every  state  in  life  has  its 
burdens,  but  that  in  none  is  the  yoke  lighter  than  in  the  one 
assigned  by  God.  He  should  point  out  to  him  the  deceits  with 
which  the  enemy  of  all  good  and  the  "father  of  lies"  so  often 
confuses  souls;  remind  him  of  the  teaching  of  Jesus,  that  the 
kingdom  of  heaven  suffereth  violence  and  that  only  the  violent 
carry  it  away,  that  he  who  will  follow  Jesus  must  take  up  his 
cross  and  carry  it  daily.  At  the  same  time  he  must  recommend 
prayer  and  absolute  submission  to  the  will  of  God. 

III.    The  state  of  virginity  (status  virginitatis  in  sceculo). 

If  a  woman  living  in  the  world  has  a  serious  wish  to  preserve 
virginal  purity,  the  confessor  must  confirm  and  support  her  in 
so  good  and  salutary  a  resolution,  for  it  is  very  pleasing  to  Jesus, 
the  lover  of  pure  souls.  It  offers  a  safer  and  easier  way  to  holi- 
ness, and  the  state  of  virginity  by  far  exceeds  in  merit  and  dig- 
nity that  of  matrimony.  The  confessor  should,  however,  only 
allow  those  to  take  the  vow  of  perpetual  virginity  whom  he 
knows  to  be  truly  steadfast  in  piety  and  virtue,  and  of  firm  and 
decided  will.    As  a  rule,  he  should  allow  younger  persons  to  take 

538  S.  Alph.  Lib.  VI.  mi.  802-804 ;  Examen  Ord.  n.  45. 


590  THE    MINISTER    OF    THE    SACRAMENT 

this  vow  for  a  short  time  only  at  first,  —  say  for  six  months, — ■ 
and  afterwards,  when  they  have  proved  themselves  steadfast, 
and  he  sees  that  it  is  beneficial  to  them,  he  can  extend  the  period 
to  one  or  two  years,  and  only  later  permit  them  to  bind  them- 
selves by  vow  to  perpetual  virginity;  or  he  should  permit  the 
perpetual  vow  under  a  conditional  resolution,  such  as:  "nisi 
Confessarius  pro  tempore  judicaverit  expedire,  ut  votum  desinat. "  534 

The  confessor  should  give  special  attention  to  those  penitents 
who  have  really  taken  the  vow  of  virginity,  instructing  them 
not  only  to  be  faithful  to  their  vow,  but  to  lead  a  perfect  life 
according  to  their  station  and  capacity. 

IV.    The  state  of  matrimony. 

Although  the  state  of  virginity  possesses  a  very  exalted 
dignity,  the  state  of  matrimony  has  divine  sanction.  The 
Church  has  always  esteemed  it  highly,  faithfully  following  in 
this  respect  the  example  of  her  divine  Founder)  and  has  always 
defended  the  dignity  of  Christian  marriage  wherever  it  was 
called  for.  God  has  ordained  marriage  for  most  men  as  their 
state  of  life;  and,  since  upon  the  faithful  performance  of  the 
duties  of  married  people  depend,  not  only  their  own  temporal 
and  eternal  welfare,  but  also  that  of  the  family  and  of  society, 
let  the  confessor,  when  occasion  is  offered:  (1)  direct  his  en- 
deavors to  prevent  young  people  from  entering  into  the  state 
of  matrimony  too  soon,  without  preparation,  without  knowledge 
of  its  duties,  or  capacity  to  perform  them,  and  with  an  impure 

53"  S.  Alph.  Prax.  Conf.  n.  93.  Cf.  Aertnys,  Theol.  Mor.  Lib.  III.  Tract. 
II.  n.  112.  We  may  suggest  that  the  following  distinctions  are  to  be  made : 
(1)  votum  non  nubendi  sen  caelibatus;  (2)  votum  virginitatis ;  (3)  votum 
(perpetual)  castitatis.  The  first  prohibits  marriage  {ergo  non  formaliter  sed 
consequenter  tantum  indued  obligationem  perfeclce  castitatis)  ;  the  second,  any 
peccatum  consummatum,  by  which  virginity  is  violated,  i.e.  voluntariam  seminis 
effusionem,  si  de  viro  agitur,  sive  per  copidam,  sive  per  pollutionem  Jit;  si  de 
muliere  agitur,  copulam  aut  innaturalem  corporalis  integritatis  latsionem  culpa- 
biliter  factam  :  the  third  forbids  {formaliter  et  per  se)  every  interior  or  exte- 
rior act  which  is  contrary  to  chastity  ex  motivo  religionis.  Cf.  Lehmkuhl, 
Theol.  Mor.  P.  II.  Lib.  I.  Tract.  VIII.  n.  719. 


ADVICE    REGARDING     VOCATION  591 

motive;  (2)  oppose  most  energetically  those  forbidden  and  per- 
nicious intimacies  which  are  the  worst  imaginable  preparation 
for  marriage,  and  generally  the  occasion  of  grave  sins,  and  toler- 
ate only  the  acknowledged  and  necessary  intimacies  a  short 
time  before  the  marriage,  with  due  observance  of  the  necessary 
measures  of  precaution;  (3)  instruct  those  penitents  who  have 
a  vocation  for  marriage,  and  wish  to  enter  that  state,  concerning 
its  duties;535  (4)  admonish  them  to  inform  their  parents  of  their 
intention  to  marry,  in  order  to  obtain  their  advice  and  assistance. 
For,  as  on  the  one  hand,  parents  would  sin  who  deterred  their 
children,  sine  justa  causa,  from  contracting  an  honorable  mar- 
riage, so,  on  the  other  hand,  children  would  sin  who  wished, 
against  the  will  of  their  parents,  to  contract  a  marriage  calcu- 
lated to  bring  shame  and  dishonor  upon  a  family,  without  some 
valid  ground  which  would  constitute  an  excuse  for  so  doing. 


536 


535  See  the  following  section.  But  he  must  by  no  means  meddle  with 
engagements ;  every  pastor,  every  priest,  should  he  on  his  guard  against 
this,  "  for  the  zeal  of  relations  in  this  matter  is  already  great  enough," 
remarks  Frassinetti,  who  continues:  "In  matrimonial  matters  the  world 
wishes  to  act  independently  ;  and  it  is  well  that  it  does.  Priests  who  do  not 
interfere  in  these  matters  act  well  in  the  eyes  of  God,  and  meet  with  the 
approbation  of  men"  (Frassinetti,  1.  c.  VI.  chap.  On  the  Sacrament  of 
Matrimony,  §  1,  n.  458).  On  the  other  hand,  it  would  be  no  dangerous 
interference,  and  would  not  be  taken  ill  by  any  one,  if  the  confessor  en- 
deavored to  induce  a  man  who  had  dishonored  a  young  woman  to  marry 
her  as  soon  as  possible.  However,  one  cannot  speak  of  an  absolute  duty  to 
many  the  woman  under  these  circumstances,  nor  may  one  always  adopt  this 
remedy.  For  if  the  woman  were  so  immoral  that  infidelity  toward  her  hus- 
band might  be  safely  presupposed,  or  if  the  seducer  were  such  a  dissolute 
mail  that  he  would  hear  nothing  about  the  bond  of  marriage,  and  it  was  to 
be  presumed  that  he  would  abandon  or  illtreat  his  wife  if  he  were  forced 
into  marriage,  it  would  be  highly  imprudent  to  bring  about  such  a  mar- 
riage. The  same  applies  to  all  other  cases  in  which  it  could  be  foreseen  that 
the  marriage  would  result  in  misery.  This  would  be  trying  to  remedy  one 
misfortune,  as  seduction  certainly  is,  by  a  lasting  evil,  namely,  a  wretched 
marriage.     The  confessor  must,  therefore,  first  investigate  the  circumstances. 

536  Theologians  teach  that.  /»<  /•  s<  /<»/</<  ndo,  children  are  not  bound  to  obey 
their  parents  in  the  matter  of  their  vocation  (they  might, per  accidens,  be 
sometimes  bound  to  this,  nmi  vi  prcecepti,  sed  ex  charilate),  that  children  who 


592  THE    MINISTER    OF    THE    S  ACE  AMEN  T 

77.   Betrothal  and  Marriage. 

"Maxima  prudentia  ac  zelo  hie  opus  habet  Confessarius," 
justly  remarks  Scavini,  and  continues  (quoting  the  "Methode 
pour  la  direction  des  ames"),  "Les  personnes,  qui  vontse  marier 
ont  besoin  de  plusieurs  avis  pour  ne  rien  omettre  de  leurs  de- 
voirs, ne  rien  faire  contre  la  saintete  du  mariage."  The  confessor 
should  particularly  observe  the  following  points:  1.  Betrothed 
persons  should  not,  as  a  rule,  live  in  the  same  house.537  Let  the 
confessor  insist  with  unrelenting  severity  in  this  matter.538 

2.  The  time  of  betrothal  should  be  one  of  preparation  for 
contracting  a  marriage  well  pleasing  to  God ;  but  it  would  be  a 
very  bad  preparation  on  the  part  of  the  betrothed  persons  to 
burden  their  souls  with  grave  sins  against  holy  purity.  Let 
the  confessor,  therefore,  admonish  them  to  preserve  themselves 
free  from  all  sins  during  this  time,  especially  from  those  of  im- 
purity; and  he  has  the  more  reason  for  giving  this  advice 
because  very  great  dangers  threaten  their  virtue  on  account  of 
the  intimacy  of  their  relationship,  the  frequency  of  their  inter- 
course, and  their  mutual  inclination ;  moreover,  this  time  of  be- 
trothal is,  often  enough,  a  career  of  continued  sin,  and  an  almost 

wish  to  join  a  Religious  Order  are  not  always  bound  to  obtain  the  advice  and 
assent  of  their  parents,  etc.  Children  should,  however,  take  into  considera- 
tion the  objections  raised  by  their  parents  against  their  choice  of  a  partner 
in  life.  This  duty  of  children  to  ask  their  parents'  advice  and  consent 
is  one  which  ordinarily  binds  under  grave  sin,  quia  gravis  contemptus  est 
ac  signum  diffidentice,  tantam  rem  sine  eorum  consensu  aggredi  ac  nurum  aid 
generum  ipsis  insciis  adducere.  Cf.  S.  Alph.  Lib.  VI.  n.  849  ;  Lib.  VII.  n. 
335 ;  Lib.  IV.  n.  68 ;  S.  Thorn.  II.  Q.  101,  art.  5,  Suppl.  Q.  47,  art.  6.  Cf. 
Aertnys,  Theol.  Mor.  Lib.  III.  Tract.  IV.  n.  153. 

537  Trid.  Sess.  XXIV.  cp.  1  de  ref.  Compare  the  Ordinances  of  many  pro- 
vincial and  diocesan  synods,  many  diocesan  regulations,  and  even  civil  legis- 
lation. 

538  Compare  the  doctrine  of  the  occasio  proxima,  prcesens  libera.  S.  Alph. 
H.  A.  Tract.  VII.  n.  32;  Scavini,  Theol.  Mor.  Univ.  Tract.  X.  n.  262.  This 
is  especially  necessary  when  a  dispensation  for  the  intended  marriage  is 
sought,  as  this  dispensation  generally  contains  the  clause,  dummodo  separate 
vivant.    Cf.  Bangen,  Instr.  pract.  de  spousal,  et  matrim.  I.  p.  27  ss. 


BETROTHAL    AND    MARRIAGE  593 

uninterrupted  round  of  distractions,  pleasures,  and  worldly  cares. 
It  often  happens  that  young  women,  who  before  their  betrothal 
led  a  zealous,  religious,  and  pure  life,  become  during  this  time 
lukewarm  and  indifferent  in  the  exercises  of  piety,  in  the  recep- 
tion of  the  holy  Sacraments,  and  even  in  attendance  at  Mass. 
With  this  comes  carelessness  in  combating  temptation;  and 
moral  perversion,  alas !  often  of  the  worst  kind  is  the  result. 
Therefore  let  the  confessor  watch,  warn,  and  admonish. 

(a)  He  should  explain  to  them  that  whatever  is  forbidden  by 
God  in  the  sixth  and  ninth  commandments  is  no  more  allowed 
to  them  than  to  unmarried  people  in  general ;  on  the  contrary, 
the  prospect  of  a  speedy  union,  their  mutual  love  and  weakness 
may  lead  them  into  greater  temptations  and  dangers,  and  that 
they  should,  therefore,  be  more  watchful  and  careful  now, 
should  pray  more  than  before  for  the  necessary  grace  and 
strength  to  remain  pure,  and  to  be  able  to  approach  the  altar 
for  the  nuptial  ceremony  with  hearts  undefiled.  He  should 
also  call  their  attention  to  the  misfortunes  in  married  life  with 
which  God,  even  here  on  earth,  is  wont  to  punish  sins  committed 
against  the  sanctity  of  the  Sacrament  by  the  betrothed. 

(6)  He  should  forbid  them  any  too  familiar  intercourse  with 
each  other,  especially  solius  cum  sola,  in  retired  places  at  night 
or  in  the  evening.  He  must  not  allow  them  to  meet  without 
some  attendance  and  supervision.  How  many  have  been  ex- 
posed to  the  greatest  dangers  by  merely  going  to  the  door  in 
the  evening,  and  tainted  a  virtue  which  had  been  preserved 
spotless  for  years.  Frequent  visiting  of  engaged  persons  with- 
out supervision  of  parents  or  relations  is,  in  general,  to  be  re- 
garded and  treated  as  an  immediate  occasion  of  sin,  and  that, 
not  per  accidens,  but  per  se.539     St.  Alphonsus  inveighs  severely 

539  Cf.  Benedict  XIV,  Inst,  pastor.  Spo7isos  eorunujue  parentes  (parochi) 
admoneant,  ne  unquam  sponsi  sine  testibus  ac  prcesertim  consanguineis,  collo- 
quium simul  ineant,  si  Mud  aliquando  permittendum  videtur;  indecorum  esse 
vetiturnque  eos  simul  habilare,  yraviler  puniendos,  si  de  hac  re  certiores  facti 
fuerimus. 


594  THE    MINISTER    OF    THE    SACRAMENT 

against  engaged  persons  and  the  parents  who  permit  these 
visits  and  familiarities,  and  defends  his  severity  by  appealing 
to  experience.540  Moralists  teach  (and  experience  confirms 
their  teaching)  that  too  much  familiarity  on  the  part  of  per- 
sons engaged  constitutes  the  very  greatest  danger  to  chastity.541 
Frassinetti's  words  are  to  the  point :  "  Let  parents  see  that  their 
sons  do  not  meet  with  too  great  familiarity,  and,  above  all, 
not  alone  and  without  witnesses,  the  young  women  whom  they 
think  of  marrying.  I  say  'with  too  great  familiarity,'  for  it 
would  be  useless  to  preach  that  betrothed  persons  should  never 
visit  one  another.  Such  visits  are  partly  necessary,  in  order 
that  there  may  be  mutual  knowledge  of  one  another,  before 
they  are  joined  by  the  indissoluble  bond  of  matrimony.  More- 
over, they  would,  in  any  case,  wish  to  visit  one  another,  on 
account  of  their  mutual  attachment,  which,  in  view  of  their 
future  marriage,  is  not  reprehensible.  .  .  .  But  the  priest  must 
earnestly  impress  upon  parents  the  necessity  of  exercising  great 
watchfulness  over  these  visits.  Great  watchfulness,  in  order  that 
the  young  people  may  observe  the  strictest  propriety  in  their 
intercourse  with  each  other.  The  parents  should,  therefore, 
always  have  them  under  their  observation.  Such  visiting  should 
not  be  prolonged  nor  be  too  frequent.  For,  in  these  cases, 
it  cannot  be  presumed  that  divine  grace  will  assist  the  young 
people,  as  such  conduct  is  neither  necessary  nor  becoming; 
and,  on  this  account,  there  will  unfailingly  be  many  dangers." 
(c)   He  should  urge  speedy  marriages,  as  this  will  obviate 

540  Cf.  H.  A.  Tract.  7,  n.  32  ;  Tract,  ult.  n.  3  ;  Theol.  Mor.  Lib.  VI.  n.  452 ; 
Praxis  Confess,  n.  204.     Cf.  n.  65. 

541  Cf .  Sanchez,  De  Matrimon.  Lib.  IX.  Disp.  46,  n.  52 ;  Salmant.  Tr.  26, 
cp.  3,  n.  59;  Sporer,  De  Matrim.  n.  429;  S.  Leonard,  Disc.  mist.  nn.  23,  24; 
Aertnys,  Theol.  Mor.  Append.  De  prax.  sere,  cum  occas.  et  recidivis,  P.  III. 
cp.  VII.  n.  340  ss.  The  question  whether  sponsis  amplexus  et  oscula  honesta 
in  signum  amoris  are  allowed  is  answered  by  theologians  affirmative  communi- 
ter,  sifiant  honesto  modo  juxta  morem  patrice  sicut  solutis  permittantur:  sunt  enim 
connaturalia  signa  amoris.  Non  licent  vera  oscula  pressa  scepiusque  repetita, 
neque  diuturnce  manuum  constricliones.     Cf.  S.  Alph.  1.  c.  Lib.  VI.  n.  854. 


BETROTHAL    AND    MARRIAGE  595 

many  temptations  and  dangers  of  sin.  Protracted  engagements 
are  seldom  good;  circumstances  may  supervene  which  make 
speedy  marriage  difficult  or  impossible;  but  if  it  can  take  place 
soon,  the  confessor  must  not  easily  consent  to  postponement 
from  slight  motives.542  The  cause  of  the  postponement  should 
be  inquired  into,  and  all  possible  efforts  be  made  to  remove  it. 
Every  betrothed  person  can  demand  the  fulfilment  of  the  prom- 
ise of  marriage  (even  in  joro  externo)  and  the  other  party  is, 
sub  gravi,  bound  to  accede  to  this  demand  if  he  has  no  valid 
reason  for  refusal  or  postponement.  As  postponement  of 
marriage  generally  means  great  moral  dangers  for  the  betrothed, 
it  can  only  be  justified  by  weighty  motives.543  If  one  of  the 
parties  intends  to  dissolve  the  engagement,  the  confessor  should 
explain  its  binding  nature.  To  break  off  an  engagement  out 
of  levity,  in  momentary  anger  or  on  account  of  some  sudden 
passion,  is  wrong,  and  dishonorable,  even  if  the  dissolution  be 
valid.544  To  make  engagements  lightly  and  as  lightly  to  break 
them  is  contrary  to  the  sanctity  of  matrimony. 

(d)  He  should  enjoin  zealous  prayer,  frequent  reception  of 
the  Sacraments,545  and  especially  a  general  confession  (which 
will  be  useful  for  all  and  necessary  for  many) 546  and  good  works, 
that  they  may  receive  the  Sacrament  of  Matrimony  worthily, 
thus  laying  a  solid  foundation  for  a  happy  life.  But  it  is  not 
well  to  defer  the  confession  till  the  last  hours  or  minutes  before 
the  wedding,  and  the  confessor  should  energetically  dissuade 

542  Hence,  engagements  which  are  entered  into  without  prospect  of  speedy 
marriage  are  much  to  be  disapproved.     See  §  66,  V. 

543  Cf.  Bened.  XIV,  Tnstr.  46;  S.  Alph.  1.  c.  Lib.  VI.  n.  846. 

544  Concerning  dissolution  of  betrothal,  see  S.  Alph.  1.  c.  Lib.  VI.  Tract. 
VI.  I)e  matrim.  Dub.  III.  quomodo  dissolvantur  sponsalia,  n.  855  ss. ;  Aert- 
nys,  Theol.  Mor.  Lib.  VI.  Tract.  VIII.  De  Matrim.  n.  433  ss. 

"  545  Cf.  Trid.  Sess.  XXTV.  cp.  1,  de  ref.  mat.  Put.  Horn.  Tit.  VTL  cp.  1. 
546  «  optimum  et  ut  plurimum  etiam  necessarium  erit  confessionis  generalis  con- 
silium, ut  sponsi  labes  suns  plenius  dbluant  et  sanioribus  instituantur  principiis 
atque  impedimenta  occulta  et  defectus,  quibus  >mn  raro  laborant,  quosque  alteri 
parti  aperire  tenentur,  sincere  detegantur." —  Instr.  Eyst.  p.  352. 


596  THE    MINISTER    OF    THE    SACRAMENT 

from  this  practice,  which  may  cause  him  and  those  about  to 
be  married  difficulties  and  embarrassment.  In  order  to  avoid 
this,  and  also  to  contribute  to  a  better  preparation,  he  should 
recommend  confession  (general  confession)  before  or  after  the 
first  publication  of  the  banns,  and  then  confession  again  imme- 
diately before  the  wedding. 

For  if  the  confession  is  not  made  till  shortly  before  the  wed- 
ding, the  following  difficulties  may  arise:  1.  The  penitent  may 
not  be  disposed  or  cannot  be  rendered  disposed.  The  confessor 
will  certainly  do  everything  which  zeal  for  souls  and  the  light 
of  grace  suggest,  in  order  to  dispose  the  penitent  for  the  worthy 
reception  of  absolution.  But  if  the  disposition  remains  doubt- 
ful, despite  all  his  endeavors,  he  may  absolve  the  penitent  sub 
conditione,  as  the  reception  of  the  Sacrament  of  Matrimony  is 
a  sufficient  reason  for  administering  conditional  absolution.547 
If  his  efforts  to  dispose  the  penitent  remain  fruitless,  —  the 
bridegroom,  perhaps,  being  bad  and  wishing  only  to  make  a  show 
of  receiving  the  holy  Sacraments,  influenced  by  his  better  dis- 
posed bride,  or  by  relations;  or  because  he  will  not  satisfy 
some  necessary  condition,  such  as  avoiding  some  immediate 
occasion,  making  restitution,  -giving  up  an  enmity,  —  the  con- 
fessor must  refuse  absolution.  Of  course,  such  a  person  may  not 
receive  holy  communion,  and  the  confessor  must  tell  him  so. 
As  to  the  reception  of  the  Sacrament  of  Matrimony,  there  are 
two  possible  cases  to  consider:  either  he  does  not  know  that 
a  state  of  grace  is  necessary  for  the  lawful  reception  of  this 
Sacrament,  or  he  does  know  it.  If  he  does  not  know  it,  and  if 
the  confessor  is  obliged  to  presume  (knowing  the  penitent's 
frame  of  mind)  that  he  would  not  respect  his  admonition  con- 
cerning the  unlawful  reception  of  the  Sacrament  of  Matrimony 
in  a  state  of  mortal  sin,  he  must  leave  him  in  his  state  of  igno- 
rance and  bona  fides,  in  order  that  he  may  not  formally  sin.     If 

547  Compare  §  8 ;  Gury,  Casus  Conscientise,  II.  nn.  733,  394. 


BETROTHAL    AND    MARRIAGE  597 

the  penitent  does  know  that  it  is  not  allowed  to  receive  the 
Sacrament  of  Matrimony  in  mortal  sin,  the  confessor  should  lay 
before  him  in  forcible  terms  the  enormity  of  the  sacrilege  of 
which  he  will  be  guilty,  in  order,  if  possible,  to  bring  him  to  a 
better  disposition.  And  if  this  is  of  no  avail,  he  should  ad- 
monish him  with  suitable  prudence,  to  make  an  act  of  perfect 
contrition  before  the  marriage,  and  to  come  to  confession  as 
soon  as  possible  after  it.548 

2.  Another  difficulty  arises  when  the  penitent  confesses  a 
reserved  sin  from  which  the  confessor  cannot  absolve.  As  here 
gravis  causa  confitendi  urget,  we  are  face  to  face  with  a  case 
which  was  discussed  earlier  in  this  work  and  solved  by  St. 
Alphonsus,  namely,  that  any  priest  can  indirectly  absolve  from 
sins  reserved  to  the  bishop,  and  also  from  those  reserved  to  the 
Pope,  si  episcopus  non  possit  adiri;  even  when  the  sin  is  reserved 
cum  excommunicatione.5*9 

3.  Finally,  another  difficulty  may  arise:  the  confessor  may 
discover  in  the  confessional  an  impedimentum  matrim.  occultum 
ex  causa  injamante  exortum ;  the  marriage  for  which  all  the  prepa- 
rations have  been  made  cannot  be  postponed  without  disgrace 
and  great  detriment  to  the  parties,-  and  dispensation  from  the 
impediment  cannot  be  obtained.  Here  the  following  circum- 
stances have  to  be  taken  into  consideration :  (a)  If  both  parties 
know  the  impediment,  and  have  concealed  it  from  a  bad  motive, 
they  must,  if  possible,  postpone  their  marriage  till  the  dispensa- 
tion has  been  obtained.  If  they  are  not  willing  to  do  this,  the 
confessor  must  refuse  them  absolution.  But  if  they  are  not 
able  to  postpone  the  marriage  on  account  of  the  great  disgrace 
or  scandal  which  would  result,  and  if  they  are  otherwise  in  good 
dispositions,  he  can  give  them  absolution ;  but  he  must  instruct 

548  Scavini,  1.  c.  de  Matrim.  Disp.  4,  Q.  3;  Gury,  Theol.  Mor.  IT.  640. 

549  Compare  above,  §  44.  Absolution  from  reserved  sins,  S.  Alph.  1.  c.  Lib. 
VI.  nn.  584,  585  ;  Aertnys,  Theol-  Mor.  Lib.  VI.  Tract.  V.  De  Poenit.  n.  245 ; 
Gury,  1.  c.  II.  n.  575, 


598  THE    MINISTER    OF    THE    SACRAMENT 

them  that  they  have  to  be  married  before  the  priest,  on  the 
supposition  that  the    Pope  will    dispense,  then  to  live  merely 
as  brother  and  sister  till  the  dispensation  has  been  obtained;550 
after  that  they  must  repeat  before  him  their  consent  to  marry. 
He  must  tell  them  how  this  has  to  be  done,  make  it  as  easy 
for  them  as  possible,  so  as  not  to  deter  them,     (b)  If  both  par- 
ties are  ignorant  of  the  impediment,  and  are  quite  bona  fide  and 
if  the  confessor  cannot  assume  that  they  will  live  continently 
till  the  dispensation  is  procured,  he  should  leave  them  in  their 
ignorance,  bona  fide,  and  request  a  dispensation  pro  joro  interno, 
then  proceeding  according  to  the  rules  for  rendering  valid  an 
invalid  marriage  in  joro  interno;  for  it  is  better  to  let  them  com- 
mit material  sins,  than  to  furnish  them  with  occasion  for  formal 
sins,     (c)  If  only  one  of  the  two  parties  is  aware  of  the  obstacle, 
and,  on  account  of  the  disgrace  attaching  to  it,  cannot  reveal 
it   to  the  other,  a  " communissima  et  probabilissima  sententia" 
of  the  theologians  teaches  that  the  bishop  can  grant  a  dispensa- 
tion in  this  case,551  and  recourse  must,  therefore,  be  had  to  him. 
If  the  latter  is  not  possible,  the  confessor  (or  parish  priest)  can, 
according  to  what  St.  Alphonsus  calls  the  "not  unfounded" 
teaching  of   many  theologians,  declare  "ex  Epikeia"  that  the 
lex  impediment  does  not  bind  in  this  case,  because  it  would  be 
injurious.     But  the  confessor  must  pro  securitate  et  ad  salvandam 
reverentiam  legibus  Ecclesice  debitam,  quantocius  apply  to    the 
Roman  Penitentiary,  or  to  the  Ordinary  who  possesses  the  quin- 
quennial faculties,  in  order  to  obtain  a  dispensation.     But  it 
is  to    be    carefully  observed   that   only  a  secret   impediment, 
arising  from  a  sin,  is  here  in  question ;  for  in  the  case  of  a  public 

550  Or,  as  is  the  common  custom  in  many  places,  not  at  once  to  set  up  house 
together,  but  to  wait  till  the  dispensation  has  been  granted. 

551  prouti  in  aliis  Legibus,  quando  adit  us  ad  Papain  est  impossibilis  et  periculum 
in  mora  (cf.  Bened.  XIV,  De.  Syn.  Lib.  TV.  cp.  2,  nn.  2,  3)  ;  indeed  according 
to  the  probable  opinion  of  some  theologians,  the  bishop  can  delegate  this 
power,  as  a  potestas  ordinaria,  to  others,  etiam  generaliter  pro  omnibus  casibus 
occurrentibus.     S.  Alph.  Theol.  Mor.  Lib.  VI.  n.  013;  Prax.  Conf.  n.  8. 


BETROTHAL    AND    MARRIAGE  599 

impediment  arising  from  no  dishonorable  cause,  there  is  neither 
scandal  nor  disgrace,  but  only  the  inconvenience  of  postponing 
the  marriage.552  It  depends  entirely  upon  circumstances,  since 
it  is  the  duty  of  the  pastor  to  instruct  those  about  to  marry, 
whether  the  confessor  should  give  special  suggestions  and 
admonition  in  this  last  confession  on  the  usus  matrimonii™ 
explaining  what  is  allowed  to  married  people,  and  what  is 
forbidden.554     He  may  speak  to  them  of  the  intention  which,  as 

552  Cf.  S.  Alph.  1.  c.  and  II.  A.  n.  114;  Scavini,  1.  c;  Gury,  1.  c.  II.  771 ; 
Cas.  Consc.  II.  n.  1015;  Aertnys,  Theol.  Mor.  1.  c.  n.  27:5. 

553  Benger  holds  that  confession  affords  the  most  suitable  occasion  for  giv- 
ing the  necessary  instruction  concerning  the  sacredness  of  the  matrimonial 
duties.  Dubois  (1.  c.)  urges  that  persons  about  to  be  married  should  be  well 
instructed  in  what  concerns  that  state,  in  order  that  they  may  never  do  any- 
thing which  is  against  their  conscience,  or  concerning  which  they  are  in  doubt, 
and  that  they  should  obtain  advice  from  pious  and  judicious  people,  or  from 
their  confessor;  Aertnys  (Theol.  Mor.  1.  c.  n.  515)  speaks  of  an  officium 
parochi  et  confessarii,  to  instruct  married  people  concerning  licita  et  illicita  in 
matrimonio.  The  confessions  of  married  people  and  the  questions  which 
they  put  to  the  confessor,  may  afford  reason  and  occasion  for  instructing 
them  concerning  the  debitum  conjugate.  The  confessor  must,  therefore,  be 
prepared  for  this;  he  should  also  be  able  to  impart  necessary  information  in 
a  becoming  manner;  and  it  requires  judgment  and  skill  so  to  instruct  in  this 
difficult  matter  as  to  convey  the  information  without  giving  offense  or  say- 
ing more  than  is  necessary.  We  append  the  wise  remark  of  Cardinal 
Gousset  (Moral  Theology,  II.  n.  807).  .  .  .  Sacerdos,  qui,  ut  ail  Apostolus, 
debet  exemplum  esse  Jidelium  in  castitate,  tacebit,  etiam  in  sacro  tribunal 7,  <le  modo 
utendi  matrimonio,  seu  de  circumstantiis  ad  actum  conjugalem  spectantibus,  nisi 
forte  fuer it  interrogatus.  Explicare  fusius,  quae  licita  sunt  conjugibus  nut  illicita, 
ipsis  in  que  ac  confessariis  periculosum  foret.     Cf.  S.  Alph.  Prax.  Conf.  n.  41. 

554  Everything  is  allowed  which  is  necessary,  or  conducive,  to  the  further- 
ance and  attainment  of  the  object  of  matrimony.  The  chief  object  of  mat- 
rimony is  the  j irocreatio  prolis  ;  the  secondary  object  remedium  concupiscentia , 
and  mutuum  adjutorium  et  solatium  in  ritce  societate.  All  that  is  necessary, 
and  conducive,  to  the  attainment  of  the  principal  object,  or  which  serves 
these  secondary  objects,  having  regard  for  the  first,  is  allowed ;  whatever 
frustrates  the  principal  object  is  mortally  sinful,  whatever  goes  beyond  this 
principal  object,  without  counteracting  it,  is  venial  sin.  For  further  part  ic- 
ulars  upon  this  subject,  the  confessor  should  consult  the  conipendiums  of 
moral  theology;  for  example,  Aertnys,  De  Matrim.  P.  IV.  cp.  2,  n.  170  ss. ; 
Lehmkuhl,  1.  c.  De  Matrim.  Sect.  IV.  n.  834  ss. 


600  THE    MINISTER    OF    THE    SACRAMENT 

Christians,  they  should  have  in  this  state;  of  matrimonial 
harmony  and  mutual  love  and  fidelity.  If  the  confessor  deems 
it  necessary,  or  advisable  and  beneficial,  he  will  not  fail  in  his 
zeal  for  souls  to  instruct  his  penitents  concerning  this  matter, 
and  to  admonish  them  to  lead  a  truly  Christian  family  life, 
where  sin  and  vice  are  carefully  avoided,  whilst  God  is  being 
faithfully  served.  If  matrimony  is  based  upon  this  founda- 
tion, the  husband  and  wife  may  confidently  expect  God's  abun- 
dant graces:  if  they  depart  from  these  principles,  they  will 
deprive  themselves  of  this  blessing.555 

78.   The  Confessor's  Attitude  toward  Mixed  Marriages. 

The  confessor  will  often  have  occasion  to  speak  to  penitents 
concerning  mixed  marriages,  because  they  either  wish  to  con- 
tract such  a  marriage,  or  have  already  done  so.  The  following 
principles  will  serve  him  in  this  equally  important  and  difficult 
matter. 

I.  Even  if  the  essence  of  marriage  is  not  destroyed  by  the 
obstacle  of  mixed  religion,  as  in  disparitas  cultus,  it  falls  short 
of  the  ideal.  For  marriage  should  not  only  represent  the  unity 
of  the  Church ;  it  should,  as  much  as  is  possible,  produce  this 
unity;  now  the  Church  is,  in  a  special  manner,  one  through  its 
faith.  Conscious  of  this,  and  in  view  of  the  many  great  disad- 
vantages which  accrue  from  mixed  marriages,  the  Church  has 
always  energetically  protested  against  them.  She  has  always 
taught  that  such  a  marriage  is  a  reprehensible  communicatio 
in  sacris,  that  there  is  danger  to  the  Catholic  party  of  falling 
away  from  religion  or  of  becoming  indifferent  to  it,  and  that  a 
proper  education  in  the  Catholic  faith  of  children  born  from 
such  marriage,  if  not  exactly  impossible,  is  certainly  rendered 
very   difficult,   as   the   necessary   cooperation   is   wanting,   and 

555  Cf.  S.  Alph.  Praxis  Conf.  n.  94;  Aertnys,  Instr.  pract.  1.  c.  n.  137; 
Frassinetti,  Practical  Instruction  for  Young  Confessors  (Lucerne,  1874),  2. 
Pt.  G  Chap.  §§  4,  5 ;  Dubois,  The  Practical  Confessor,  2  PL  19  chap.  n.  402,  etc. 


ATTITUDE    TOWARD    MIXED    MARRIAGES  601 

opposition  easily  made  by  word  and  example.550  In  1858  the 
Apostolic  See  anew  admonished  the  bishops  to  deter  the  faithful 
from  such  mixed  marriages. 

Only  by  three  conditions  will  the  dangers  of  mixed  marriages 
be,  if  not  removed,  at  least  reduced ;  and  only  under  these  three 
conditions  does  the  Church,  pnvsertim  ob  privalas  causas,  permit 
mixed  marriages.  These  conditions  are:  (1)  Both  parties, 
especially  the  non-Catholic,  must  promise,  ordinarily  in  writing 
and  before  witnesses,  to  bring  up  all  their  children  in  the 
Catholic  religion  (without  distinction  of  sex).  (2)  The  non- 
Catholic  party  must  promise  solemnly  not  to  hinder  in  any  way 
the  Catholic  party  in  the  practice  of  his  (or  her)  religion. 
(3)  The  Catholic  must  use  every  lawful  means  to  effect  the  con- 
version of  the  heretical  partner.557 

From  these  three  conditions  the  Church  cannot  recede,558  for, 
as  not  only  the  ecclesiastical,  but  also  the  natural  and  the 
divine  law,  absolutely  forbid  that  anybody  expose  himself  or 
his  offspring  to  the  danger  of  perversion,  it  naturally  results 
that  these  sureties  should  be  prescribed  and  demanded,  in  order 
that  together  with  the  canonical  precepts,  the  natural  and  divine 


556  Benedict  XIV,  Decl.  4  Nov.,  1741 ;  Pius  VII,  Bull  27  Feb.,  1809 ;  Greg- 
ory XVI,  Encycl.  27  May,  1832,  to  the  archbishops  and  bishops  of  Bavaria. 
Finally,  Leo  XIII,  Circular  10  Feb.,  1880  declares  :  "  A  warning  voice  must 
also  be  raised  against  marriage  lightly  contracted  with  a  person  of  another 
faith;  for  where  the  souls  are  disunited  in  religion,  union  in  other  matters  is 
scarcely  to  be  expected.  It  is  clear  that  such  marriages  must  be  particularly 
shunned,  for  the  reason  that  they  give  occasion  for  unlawful  communication 
and  participation  in  religious  exercises,  that  they  are  a  source  of  danger  for 
the  religion  of  the  Catholic  party,  an  obstacle  to  the  good  education  of  the 
children  and  not  infrequently  a  temptation  to  hold  all  religions  equally 
justified,  denying  all  difference  between  true  and  false."  Even  Protestant 
divines  and  authorities  have  frequently  expressed  themselves  decidedly 
against  mixed  marriages,  and  earnestly  warned  people  against  them. 

557  Ex  facultat.  a  Pio.  IX.  datis.  See  Bangen,  De  Sponsalibus  et  de  Mat- 
rimonio,  II.  p.  161. 

558  Brief  of  Pius  VIII,  25  March,  1830.  Instruction  of  Pius  IX,  15  Nov., 
1858. 


602  THE    MINISTER    OF    THE    SACRAMENT 

law  may  not  be  criminally  transgressed.559  When  these  condi- 
tions are  satisfied,  and  officially  guaranteed  56°  by  a  contract, 
dispensation  from  the  impedimentum  mixta;  religionis  may  then 
be  requested  from  the  bishop,  and  given  by  him  in  virtue  of  the 
usual  faculties  conferred  upon  him. 

II.  By  these  regulations  of  the  Church,  his  modus  procedendi 
in  the  matter  of  a  mixed  marriage  is  mapped  out  for  the  priest 
or  the  confessor. 

1.  If  the  confessor  receives  information  of  an  intended  mixed 
marriage,  he  should  emphatically  dissuade  from  it,  but  with 
pastoral  prudence,  and  without  offensive  words. 

2.  If  his  endeavors  are  of  no  avail,  and  if  he  cannot  prevent 
the  marriage,  he  must  persuade  the  penitent  to  fulfill  the  stipu- 
lated conditions. 

3.  If  the  penitent  agrees  to  this,  the  confessor  will  do  well  not 
to  administer  absolution  at  once  unless  there  is  some  special 
reason  for  so  doing  (for  example,  the  fulfilment  of  a  command- 
ment of  the  Church,  necessity  of  communicating,  to  prevent 
gossip,  etc.),  but  let  him  urge  that  the  consent  of  the  non-Catholic 
party  to  the  three  conditions  should  first  be  obtained. 

4.  When  this  consent  is  obtained,  there  is  no  obstacle  to  the 
absolution  of  the  penitent. 

559  Lehmkuhl,  1.  c.  n.  715,  justifies  the  dispensation  of  the  Church,  under 
the  conditions  laid  down,  upon  the  following  grounds:  1.  Propter  magnum 
bonum  publicum,  such  mixed  marriages  may  be  allowed  even  when  there  is 
some  risk,  only  the  Catholic  party  must  have  the  firm  intention  not  to  yield 
to  this  danger  (cf.  Lugo,  De  sacr.  in  gen.  Disp.  8,  sect,  ult.,  et  De  Fide  Disp. 
32,  n.  33).  2.  But  when  on  account  of  circumstances  those  dangers  disap- 
pear, or  become  slight,  a  magnum  bonum  privatum,  such  as  the  hope  of  leading 
the  non-Catholic  party  to  the  true  faith,  can  also  make  such  a  marriage  per- 
missible. 3.  When  they  cannot  be  entirely  removed,  but  yet  are  not  really 
grave ;  or,  on  the  other  hand,  when  a  bonum,  though  no  very  great  bonum,  is 
to  be  hoped  for  from  the  mixed  marriage,  it  may  happen  that  contracting 
such  a  marriage  is  not  a  grave  sin  against  the  natural  law,  but  a  venial  sin. 

560  The  Roman  Congregation  demands  pacta  notoria,  de  quibus  spes  est  ser- 
vari,  that  is,  a  documentary  declaration  made  before  the  parish  priest,  or  a 
legal  contract  at  the  hand  of  a  notary. 


ATTITUDE    TOWARD    MIXED    MARRIAGES  603 

5.  But  if  the  penitent  will  not  consent  to  the  fulfilment  of 
tin'  three  conditions,  but  still  intends  to  contract  the  mixed 
marriage,  he  purposes  to  commit  a  grave  sin,  and  cannot  be 
absolved.  For  he  who,  without  obtaining  a  dispensation  from 
the  impedimentum  ?nixtce  religionis,  contracts  a  mixed  marriage 
before  a  non-Catholic  minister,  is  guilty  of  three  grave  sins : 
he  disobeys  the  Church;  he  endangers  the  salvation  of  the 
children  which  God  may  give  him ;  he  is  hcereseos  fautor,  guilty 
of  a  communicalio  in  sacris,  and  incurs  ecclesiastical  censure.581 

III.  Concerning  the  reconciliation  of  those  persons  who,  in 
disobedience  to  their  Church,  have  contracted  a  mixed  mar- 
riage before  a  non-Catholic  minister,  the  confessor  must  be 
guided  by  the  following  principles :  — 

1.  It  is  certain  that  a  Catholic  having  contracted  marriage 
before  a  Protestant  clergyman  cannot  be  absolved  as  long  as 
he  remains  unwilling  to  make  good  the  above-mentioned  con- 
ditions. Even  if  the  refusal  of  absolution  does  not  produce  its 
immediate  effect  (the  fire  of  passion  obscuring  the  light  of 
conscience),  it,  nevertheless,  instills  salutary  fear.  But  it  would 
be  very  wrong  on  the  part  of  the  confessor  to  wound  such  a 
penitent  by  harshness  and  reproaches.  The  confessor  (parish 
priest)  must  take  all  pains  to  bring  such  penitents  to  a  con- 
sciousness of  their  error.562 

2.  But  if  the  penitent  truly  repents  of  his  error,  and  if  he  is 
ready  to  make  good  the  scandal  given,  and  to  take  immediate 
steps  towards  bringing  up  his  children  as  Catholics,  he  is  worthy 
of  absolution  and  it  may  not  be  refused  to  him. 

561  Cf.  Instructio.  S.  Congregat.  Inquisit.  17  Febr.,  18G4  ;  Decret.  S.  Congr. 
[nq.  29  Aug.,  1888. 

562  Si  quando  connubium  sine  cautionibus  necessariis  initumfuerit,  non  /mopterea 
(parochi)  conjugem  catholicam  negligant,  sibique  ac  suo  peccato  relinquant,  sed 
studeant  rmn  ml  posniteniimn  adducere,  ut  suoi  obligationi  quoad  catholicam  edu- 
cationem  prolis,  quantum  potest,  satisfaciat ;  '/mid  quamdiu  non  prmsliterit  nut 
saltern  sincere  promiserit,  sacramentis  suscipiendis  utique  imparatus  censeri  debet. 
(S.  Congreg.  Officii  29  Jul.,  IS80  ad  Curdin.  Primatum  el  Archiep.  Slrigon.) 


604  THE    MINISTER    OF    TUE    SACRAMENT 

3.  It  is,  above  all,  necessary  to  find  out  if  the  marriage  was 
valid  according  to  the  Decree  Tametsi.  If  the  marriage  has 
been  invalidly  contracted,  a  dispensation  from  the  impedimen- 
tum  mixta'  religionis  and  from  the  banns  is  to  be  sought;  and 
when  this  is  obtained,  according  to  the  regulations  of  the 
Church,  the  consent  is  to  be  renewed.  If  this  renewal  of  con- 
sent cannot  be  effected,  sanatio  in  radice  must  be  requested.563 
If  the  marriage  is  valid,  dispensation  is  not  necessary. 

4.  Moreover,  the  facultas  absolvendi  a  censuris  propter  hcrresim 
must  be  obtained.  For  the  censure  reserved  speciali  modo  to 
the  Pope  is,  according  to  an  explicit  decision  of  Rome,  incurred 
in  all  cases  by  those  qui  matrimonium  coram  ministro  haretico 
ineunt;  even  when  the  existence  of  censure  was  not  known  to 
the  parties,  because  it  is  a  question  of  the  jorum  externum,  and 
the  contract  of  marriage  is,  of  its  nature,  an  external  act.  By 
virtue,  however,  of  the  quinquennial  faculties,  the  bishop  can 
absolve  from  this  censure,  or  confer  this  power  subdelegando 
upon  others.  The  confessor  must,  therefore,  refer  the  penitent 
to  the  parish  priest,  in  order  that  the  latter  may  procure  from 
the  bishop  the  facultas  absolvendi  a  censuris  pro  foro  externo. 
Not  till  then  can  the  confessor  give  sacramental  absolution. 

Only  when,  from  special  reasons,  determined  by  the  circum- 
stances, an  absolutio  in  foro  externo  would  not  be  advisable, 
may  the  confessor  apply  for  the  facultas  absolvendi  a  censuris 
pro  foro  interim,  and  administer  this  absolution  after  he  has 
obtained  the  faculty.  We  add  that  absolution  from  the  censure 
in  foro  externo  can  take  place  without  witnesses,  and  that  it  is 
not  necessary  to  make  use  of  definite  words  at  the  absolution 
in  utroque  foro,  but  it  is  always  necessary  to  declare  that  the 
absolution  is  administered  by  virtue  of  special  powers  from  the 
Holy  See,  subdelegated  by  the  bishop. 

Married  people  who  were  allowed  to  receive  the  Sacraments 


563 


Cf.  Aertnys,  Theol.  Mor.  Lib.  VI.  nn.  637,  654,  664. 


ATTITUDE    TOWARD    MIXED    MARRIAGES  0)05 

before  the  promulgation  of  the  answer  of  the  Holy  Office,  18 
May,  1892,  requiring  the  absolutio  a  censuris  pro  foro  externa, 
are  not  to  be  disturbed. 

5.  The  confessor  should  also  help  a  penitent  of  this  kind  to 
keep  his  resolution  of  bringing  up  his  children  as  Catholics,  by 
showing  him  what  steps  he  must  take.  He  should  encourage 
him  to  overcome  possible  difficulties  which  may  occur.  This 
will  be  easier  for  the  Catholic  father  than  the  mother.  If  the 
children  have  reached  an  age  when  they  are  removed  from 
parental  authority,  the  Catholic  party  must  at  least  promise 
to  exert  its  influence  by  prayer,  exhortation  and  good  example, 
to  gain  the  children  for  the  Catholic  Church.564 

Of  course  the  confessor  must  demand  that  the  penitent  should 
inform  his  parish  priest  of  his  resolution  to  bring  up  the  chil- 
dren in  the  Catholic  faith.  Only  very  weighty  grounds  should 
induce  the  confessor  to  refrain  from  exacting  this,  and  then  he 
would  be  obliged  to  apply  to  his  Ordinary  for  advice. 

6.  It  may  also  be  the  case  that  a  woman  repents  of  the  step 
which  she  took,  but  which  she  cannot  now  retrace,  not  being 
able,  in  spite  of  her  good  will,  to  induce  her  husband  to  consent 
to  the  Catholic  education  of  the  children.  It  would  be  hard, 
in  such  a  case,  to  leave  her  unassisted.  The  repentance  which 
she  has  evidenced,  the  willingness  which  she  has  shown  (and 
which  will  continue)  to  repair  as  far  as  possible  the  harm  done; 
the  efforts  which  she  may  have  already  made;    the  promise  to 

564  Cf.  Baugen,  Instructio  practica,  Tit.  4,  p.  29.  "Si  pater  est  calholicus, 
sane  liberorum  educatio  in  ipsius  potestate  est:  Ergo  quod  potest  facere  debet; 
promittens  coram  testibus  vel  jurato  vel  juramenti  loco,  se  prolem  educaturum  in 
catholica  religione ;  sed  id  de  facto  etiam  prcestare  tenetur.  Excipe  tamen,  si 
proles  jam  in  ea  ajtate  sit,  ut  a  patre  jam  non  dependeat ;  tunc  enim  sufficit,  ut 
vere  sit  aitritus  atque  in  hujus  doloris  signum  id  (/nod  pro  viribus  efficere  possit, 
peragere  sit  paratus.  Si  mater  est  catholica,  distinguendum  videtur.  Aut  ad- 
ducere  potest  virum,  ut  in  catholicam  proiium  educationem  consentiat ;  et  tunc 
ambo  conjuges  formaliter  expositas  cautiones  emittant  coram  parocho  ;  aut  virum 
ad  hoc  morere  nequit :  turn  attendatur,  an  indubitata  ediderit  contritionis  signa 
idque  praistare  pro  liberorum  educatione  sit  parata,  quod  in  ipsius  viribus  est." 


606  THE    MINISTER    OF    THE    SACRAMENT 

influence  husband  and  children  by  the  means  at  her  disposal 
—  prayer,  a  good  life,  words  of  advice  —  suffice  for  her  to  be 
admitted  to  the  Sacraments.  This  satisfies  the  demands  which 
the  Holy  Office  in  Rome  makes  in  such  cases.565 

7.  If  the  confessor  believes  that  there  is  reason  for  doubting 
the  sincere  and  earnest  will  of  penitents  who  are  joined  by  an 
illicit  mixed  marriage,  he  is  free  to  make  inquiry,  and,  accord- 
ing to  the  nature  of  the  case,  to  postpone  absolution  for  a  time. 
It  is  always  well  not  to  admit  such  penitents  to  the  holy  Sac- 
raments shortly  after  contracting  the  illicit  marriage,  unless 
they  have  guaranteed  the  Catholic  education  of  their  children 
in  a  manner  which  satisfies  the  ecclesiastical  regulations ;  unless, 
moreover,  they  show  sorrow  for  their  lapse  from  duty,  and  by 
faithful  performance  of  their  religious  obligations,  effectually 
prove  that  they  wish  to  be  obedient  to  the  Catholic  Church  in 
future.  Persons  who  are  dangerously  ill,  emigrants,  etc.,  of 
course,  constitute  exceptions  to  this  rule. 

8.  An  illicit  marriage  contracted  by  a  Catholic  before  a  non- 
Catholic  minister  is  a  public  act  and  causes  public  scandal; 
the  satisfaction  must,  therefore,  as  a  rule,  be  made  publicly. 
The  confessor  must  not  overlook  this,  lest  he  make  himself  an 
accomplice  in  the  scandal,  and  lest  this  dreadful  evil  of  our  days 
(for  such  mixed  marriages  are  in  reality,  especially  when  con- 
tracted without  dispense)  be  rendered  more  numerous,  by  want 
of  due  severity  in  the  conditions  of  reconciliation.  As  public  acts 
of  reparation  may  be  regarded :  an  oral  or  written  declaration 
of  sorrow  before  the  parish  priest;  the  promise  of  bringing  up 
their  children  as  Catholics  made  to  the  pastor.  The  confessor 
should  follow  the  directions  which  may  have  been  given  by  his 
bishop  in  this  matter,  and  if  there  are  none,  he  must  proceed 
with  pastoral  prudence  and  charity.  It  may  happen  that,  in 
the  place  where  the  Sacraments  are  to  be  received,  the  scandal 

565  See  above,  p.  603,  Remark  2. 


PENITENTS    JOINED    IN    CIVIL    MARRIAGE  607 

given  is  not  known,  the  parties  having  changed  their  place  of 
residence.  In  this  case  the  reconciliation  may  take  place  in  all 
privacy.  The  confessor  should  not  forget  in  such  cases  that 
the  salvation  of  souls  is  the  highest  law. 

79.   How  to  deal  with  Penitents  joined  in  "  Civil "  Marriage 

only. 

The  confessor's  treatment  of  penitents  living  in  "civil"  mat- 
rimony must  be  essentially  different  from  the  above. 

Here  the  chief  question  is  whether  there  is  a  real  consensus 
maritalis;  that  is,  whether  the  persons  in  question  had  the 
consciousness  and  intention  of  entering  upon  a  true  matrimo- 
nial relationship  by  the  declaration  which  they  made  before  the 
public  official,  or  if  they  believed  they  were  concluding  an  ex- 
ternal agreement  only  and  one  not  permanently  binding  upon 
the  conscience.  In  the  second  place,  the  confessor  must  inves- 
tigate if  there  are  any  —  and  what  —  impediments  to  mar- 
riage. If  there  are  no  diriment  impediments,  and  if  there  was 
a  true  consensus  maritalis  in  those  places  where  the  Tridentine 
Decree  "Tametsi"  is  not  in  force  (therefore,  where  the  impedi-. 
mentum  clandestinitatis  does  not  apply),  such  informal  contract 
of  marriage  must  be  regarded  as  valid.  On  the  other  hand, 
these  informal  marriages  are  ecclesiastically  invalid  in  all  places 
where  the  Tridentine  Decree  is  in  force,  on  account  of  the  "im- 
pedimentum  clandestinitatis."  The  confessor  must,  however,  in 
every  individual  case  have  recourse  to  the  Ordinary. 

Apart  from  this  question  of  validity,  all  persons  living  in  mere 
"civil"  matrimony  must  be  exhorted  (if  no  obstacle  from  which 
there  is  no  dispensation  be  in  the  way)  to  be  married  in  forma 
Tridentina,  and  to  receive  the  blessing  of  the  Church.  If  diffi- 
culties arise  in  connection  with  this,  the  confessor  should  apply 
to  the  bishop,  in  order  to  obtain  sanatio  in  radice,  according  to 
the  circumstances. 

A  penitent  living  in  "civil"  marriage  is  not  to  be  absolved 


6u8  THE    MINISTER    OF    THE    SACRAMENT 

till  he  has  promised  to  be  married  in  the  Church  and  has  actually 
made  preparation  for  this  marriage.  Under  particular  circum- 
stances —  if  the  persons  live  apart  —  absolution  can  be  given, 
even  if  the  ceremony  is  postponed.  Admission  to  holy  com- 
munion must  be  deferred  till  immediately  before  the  marriage. 


80.   The  Confessor's  Conduct  towards  Women. 

Occasion  has  already  several  times 566  presented  itself  for  re- 
marks concerning  the  confessor's  conduct  when  hearing  the 
confessions  of  women.  The  importance  of  the  subject  demands 
for  it  special  treatment.  Amongst  penitents  women  probably 
form  nearly  always  the  majority.  However  regrettable  it  may 
be  that  men  so  seldom,  and  often  reluctantly,  approach  the  tri- 
bunal of  confession,  it  is  a  source  of  joy  that  women  should  be 
zealous  in  the  reception  of  the  holy  Sacraments,  for  this  justifies 
the  hope  that  their  influence  upon  their  husbands  and  upon  those 
around  them  will  be  the  more  salutary.  The  influence  which  a 
truly  Christian  woman  exercises  upon  her  husband,  a  mother  upon 
her  children,  the  mistress  of  a  house  upon  her  subordinates,  is 
very  great.  Truly  Christian,  pious,  and  chaste  young  women 
are  a  real  blessing  in  a  family  and  a  household.  Moreover, 
woman  is  generally  more  inclined  to  the  exercise  of  Christian 
piety,  and  can  thus,  if  properly  treated  and  guided,  attain  to 
great  perfection. 

Nevertheless,  it  is  not  to  be  overlooked  that,  owing  to  cer- 
tain weaknesses  and  faults  which  are  peculiar  to  their  sex,  the 
hopes  of  the  confessor  are  not  infrequently  disappointed  and  his 
endeavors  rendered  fruitless.  "Their  piety  may  easily  become 
a  matter  of  feeling,  without  solidity  and  worth;  they  are  much 
inclined  to  form  an  inordinate  attachment  for  the  confessor, 
which  is  perhaps  not  free  from  a  sensual  element.     The  practice 

666  Compare  chiefly  §  71  and  §  49. 


THE  CONFESSORS   conduct   towards    women    609 

of  piety  also  easily  serves  as  a  means  of  gratifying  vanity. 
Many  arc  disposed  to  dissimulation  and  hypocrisy."507 

Hearing  the  confessions  of  women  is  thus  indisputably  one 
of  the  greatest  and  most  imminent  dangers  for  the  confessor. 
He  must,  therefore,  be  very  circumspect  and  prudent,  reason- 
ably fear  this  danger,  for  in  this  fear  lies  his  safety;  "he  who 
fears  this  rock  runs  no  danger  of  suffering  shipwreck." 588  These 
shortcomings  ought  not  to  mislead  us  into  condemning  the  whole 
sex,  as  is  sometimes  wrongly  done.  This  is  unjust.  We  must 
help  them  to  overcome  their  faults,  and  if  no  improvement 
results  from  our  endeavors,  suitable  severity  is  to  be  employed. 

Bearing  in  mind  the  exhortation  (Eccl.  lxi.  15) :  "Curam  habe 
de  bono  nomine,'1  the  circumspect  and  prudent  confessor  will 
have  regard  for  his  good  name,  and  seek  to  preserve  and  guard  it ; 
not  only  remaining  pure  of  heart,  but  preserving  himself  free 
from  every  suspicion  of  impurity,  herein  faithfully  following 
the  example  of  Our  Lord,  who  patiently  bore  many  an  accusa- 
tion leveled  against  Him,  but  never  tolerated  any  on  the  sub- 
ject of  purity.  For  nothing  detracts  so  much  from  a  priest's 
authority  and  efficiency  as  the  suspicion  that  he  is  not  abso- 
lutely clean  of  heart.  Let  the  confessor,  therefore,  place  a 
guard  upon  his  eyes,  let  him  never  look  at  those  who  stand  be- 

507  "  Sed  est  aliud  feminarum  ingenium,  quod  considerationem  nostram  mere- 
tur,  nimirum,  cum  facta  fnerint  propter  virum,  libenter  hujus  socielate  (/undent 
et  ea  animi  propensio,  qua  se  in  virum  Jerri  sentiunt,  et  vice  versa,  laqueus  est 
non  minus  sure,  quam  Confessarii  saluti  periculosus.  Ideo  necesse  est,  ut  Con- 
fessariis  monita  ilemus  et  prrecautiones  iudicemus,  quibiis  pericula  ecitent  in  fre- 
quentibus  et  prolix  is  mulierum  con  ft ssionibus  latent  ia.  Verum  enimvero  (tdhcesio 
mulieris  persona  Confessarii  tantum  est  malum,  ut  morte  ipsa  diligentius  est  evi- 
tanduni."  Aertnys,  Instruct,  practica,  P.  III.  op.  IT.  art.  3,  n.  L39.  Mulier 
sensibili  affectu  van/is  succenditur  et  instinctu  cordis  nun/is  quam  rationis  usu 
sese  dirigit  .  .  .  uti  debilior  astutia  finem  intentum  assequitur  .  .  .  si  cui  passioni 
sededit,  magis  insanit,  .  .  .  tempore  menstruorum  et  pragnationis  mulieres  obnoxia 
sunt  variis  motibus  passionum,  puta  morositatis,  iracundia,  anxietatis,  et.  .  .  . 
Horum  consider atio  juvabit  sane  Confessarium  in  directione  mulierum.  Aert- 
nys,  1.  c. 

568  Frassinetti,  Pract.  Instr.  1.  c.  §  5,  p.  280. 


610  THE    MINISTER    OF    THE    SACRAMENT 

fore  his  confessional,  and  never  glance  at  the  face  of  the  person 
whose  confession  he  hears;  he  should  not  try  to  find  out  who 
his  female  penitents  are ;  it  is  sufficient  for  him  to  know  the  state 
of  their  souls.  He  should  carefully  avoid,  as  far  as  it  is  pos- 
sible, all  intercourse  with  them  outside  the  confessional,  not 
visiting  them  in  their  houses,  except  at  times  of  severe  illness; 
he  should  refuse  munuscula  under  whatever  name  they  may  be 
offered  to  him ;  he  should  confide  no  secrets  to  them,  and  avoid 
familiarity.569  His  words  should  be  reserved,  serious,  respectful, 
even  if  the  penitent's  station  and  circumstances  do  not  actually 
command  respect.  When  the  priest  hears  the  confessions  of 
young  women,  and  such  as  are  distinguished  by  station,  beauty, 
education,  etc.,  he  must  still  more  carefully  avoid  familiarity. 
Concerning  delicate  matters  the  confessor  should  put  only  few 
questions,  and  then  only  with  the  greatest  prudence,  and  con- 
tent himself  with  knowing  the  nature  of  the  sin,  or  its  kind; 
he  should  carefully  guard  against  inquiring  after  superfluous 
details.570 

The  confessor  must  not  lose  sight  of  the  dictates  of  prudence 
which  have  been  discussed,  when  he  hears  the  confessions  of 
"personal  spirituales."  Here,  as  St.  Alphonsus  warns  us,571 
prudence  is  most  necessary,  on  account  of  the  periculum  majoris 
adhcvsionis.  His  teaching  on  this  point  is  as  follows:  " Dicebat 
Ven.  P.  Sertorius  Capotus,  diabolum  ad  conjungendas  inter  se 
personas  spirituales,  ab  initio  uti  prcetextu  virtutis,  ut  deinde  affec- 
tus  a  virtute  transeat  ad  personam,"  and  justifies  this  statement 

569  Cf .  S.  Alph.  Trax.  Conf.  n.  110. 

570  Even  those  theologians  who  teach  that  the  aggravating  circumstances 
must  also  be  stated  in  confession,  admit,  in  punclo  VI  praicepti,  especially  in 
the  confessions  of  women,  an  exception.  "  Heedless  questioners  !  have  care  for 
yourselves,  have  care  for  weak  souls,  respect  the  holy  Sacrament,"  exclaims 
Frassinetti ;  and  the  Angel  of  the  Schools  says,  "Putin*  extis  contaminatores 
quam  confessorex."  Cf.  Gousset,  Moral  Theol.  for  the  use  of  parish  priests 
and  confessors,  11.  n.  124 ;  Gary,  1.  c.  n.  1261. 

571  Praxis  Confess,  n.  119. 


THE    CONFESSOR'S    CONDUCT    TOWARDS    WOMEN     611 

by  a  word  of  St.  Augustine,  which  St.  Thomas  quotes  (Opusc. 
64  de  Famil.  Dom.  etc.):  "Speech  with  these  persons  must  be 
short  and  reserved ;  it  is  not  because  they  are  more;  holy  that  one 
must  be  more  on  his  guard,  but  because  the  holier  they  are,  the 
more  attractive  they  become."  And  St.  Thomas  adds  to  these 
significant  words  of  the  holy  Bishop  of  Hippo:  "Licet  carnalis 
affedio  sit  omnibus  periculosa  ipsis  tamen  Hingis  perniciosa,  quando 
conversantur  cum  persona,  quce  spiritualis  videtur;  nam  quamvis 
principium  videatur  purum,  tamen  frequens  familiaritas  domes- 
ticum  est  periculum ;  qua  quidem  familiaritas  quanta  plus  crescit, 
infirmatur  principale  motivum  et  puritas  maculatur.,>  He  also 
adds  that  such  persons  do  not  observe  this  at  once,  quoniam 
diabolus  ab  initio  non  emittit  sagittas  venenatas,  sed  illas  tantum- 
modo,  qua1  aliquantulum  feriunt  et  augent  affectum.  Sed  brevi 
hujusmodi  persona  eo  deveniunt,  ut  non  amplius  agant  secum 
tanquam  angeli,  quemadmodum  caperant,  sed  tanquam  came 
vestiti;  vicissim  se  intuentur  mentesque  sibi  feriunt  blandis  allo- 
cutionibus,  qua  adhuc  a  prima  devotione  videnlur  procedere:  hinc 
alter  alterius  pnesentiam  incipit  appetere;  sicque  spiritualis  de- 
votio  convertitur  in  carnalem.  Et  quidem  oh  quot  sacerdotes,  qui 
antea  erant  innocentes  ob  similes  adhtesiones,  qua?  spiritu  ccepe- 
rant,  Deum  simul  et  spiritum  perdiderunt.572 

In  order  to  act  with  the  necessary  prudence,  the  confessor 
will  (1)  hear  the  confessions  of  women,  as  far  as  possible,  only 
in  the  Church,  or  in  some  place  which  is  always  accessible  for 
hearing  confessions;  (2)  he  will  dispatch  matters,  especially 
with  those  who  often  confess;  will  not  tolerate  talk  about  sub- 
jects which  do  not  belong  to  the  confession,  and  will  carefully 
avoid  long  exhortations  and  unnecessary  questions. 

The  confessor  must  observe  all  this,  and  take  all  precautionary 

572  Cf.  Gaume,  Handbook  for  Confessors,  Third  Chapter,  nn.  156-159; 

Aertnys,  Fusfr.  pract.  1.  c.  n.  141  ;  Ricardi,  Dei  doveri  et  dello  spirito  degli 
eccles.  15  a  15  in  Le  Xoir;  S.  Alph.  Praxis  Confess.  1.  c. ;  Zenner,  Instructio 
practica  Confessor.  P.  II.  Sect.  II.  cp.  2,  §§  270,  271. 


612  THE    MINISTER    OF    THE    SACRAMENT 

measures,  —  if  he  is  young,  because  it  is  then  particularly  neces- 
sary, but  also  in  more  advanced  years,  and  even  in  old  age,  in 
order  to  give  others  good  example,  and  also  because  experience 
shows  that  even  for  those  who  are  mature  and  old,  the  danger 
exists,  though  it  be  lessened.  "If  the  confessor  follows  these 
precepts,  he  realizes  in  himself  a  miracle,  which  is  one  of  the 
most  beautiful  proofs  of  the  truth  of  the  Catholic  religion;  the 
miracle,  namely,  that  priests  who  preserve  their  hearts  in 
the  holy  fear  of  God,  hear  the  confessions  of  women  for  years 
without  ever  having  to  accuse  themselves  that  their  holy  office 
has  been  for  them  an  occasion  of  sin,  even  of  one  single  sin."  573 
If  the  penitents  are  married  women,  let  the  confessor  encour- 
age and  instruct  them  in  the  complete  fulfilment  of  their  duties 
towards  their  husbands,  above  all,  their  duty  of  matrimonial 
love,  giving  a  good  example,  bearing  faults  with  patience,  and 
not  ceasing,  though  their  husbands  have  gone  astray,  to  use 

573  Frassinetti,  1.  c.  p.  283.  We  will  not  leave  unnoticed  two  special  dan- 
gers to  which  Aertnys  calls  attention:  (1)  Siquando  Confessarius,  junior 
preesertim  advertat  peenitentem  aliquam  carnali  amore  sibi  atihcerere  asperis  ver- 
bis earn  retundat,  et  si  hoc  non  sufficiat  ad  alium  Confessarium  remittal,  idque  turn 
prozcipue  faciendum  est,  cum  et  Confessarius  sensualem  affectum  in  se  sentit ; 
alioquin  incautus  Confessarius  seipsum  et  peenitentem  magno  periculo  exponet. 
(2)  He  then  reminds  confessors  that  the  devil  especially  likes  to  direct  his 
efforts  against  priests,  as,  at  one  blow,  he  ruins  not  only  one,  but  many 
other  souls  if  he  succeeds  in  corrupting  a  priest.  Tnde  nonnunquam  contin- 
git,  ut  procaces  feminoz  consilium  ceperint  insidias  parandi  virtuti  alien/ us  Sacer- 
dotis,  simulando  conversionem,  infirmitatem,  aut  quid  aliud  excogitando,  ut 
paulatim  ad  seductionem  devenirent.  Erenit  quoque,  ut  salax  puella  prolixam 
seriem  obsccenitatum  in  Confessione  enarret  et  inverecunde  describat,  eo  animo,  ut 
turpes  commotiones  in  Confessario  suscitet.  Confessarius  dehere  ejusmodi  ser- 
pentes  a  se  repellere,  res  ipsa  monet.  And  Berardi  (Praxis  Confess,  n.  1099) 
adds  :  "  Cavendum  quoque  est  ah  illis  puellis,  qua  ex  curinsitate  malitiosa  cupiunt 
interrogari  a  Confessariis,  ut  addiscant  ea  quce  adhuc  ignorant  et  in  hunc  finem 
semper  affirmative  respondent.  Sunt  etiam  a/ice  adhuc  magis  malitiosm,  quce,  sive 
ex  libidine,  sire  ut  postea  in  conversationibus  rideant  de  Confessario,  non  solum 
ad  quaslibet  interrogationes  affirmative  respondent,  sed  etiam  ruborem  fingunt  et 
enixe  petunt,  ut  interrogentur.  Ah  his  scopulis  interdum  difficile  est  cavere ;  sed 
utile  erit,  quod  Confessarii  juniores  sciant,  quousque  malitia  femince  pertingere 
possit."     Cf.  Eccle.  25,  26. 


THE    CONFESSOR'S    CONDUCT    TOWARDS    WOMEN     613 

every  endeavor  to  reform  them,  especially  by  praying  for  them 
with  indefatigable  zeal.  How  many  wives  have  saved  their 
husbands  by  their  patience,  their  loving,  prudent  exhortations, 
and  their  prayers. " 

If  circumstances  appear  to  call  for  it,  let  him  admonish  them 
to  preserve  matrimonial  chastity,  and  warn  against  transgres- 
sions, pointing  out  that  complete  preservation  of  this  matrimo- 
nial chastity  is  the  very  condition  and  foundation  of  lasting 
matrimonial  happiness,  and  of  eternal  salvation. 

He  should  not  permit  pious  women  to  devote  themselves  to 
the  exercises  of  piety,  especially  hearing  Mass  and  frequent  re- 
ception of  the  holy  Sacraments,  to  such  an  extent  that  impor- 
tant household  duties  are  thereby  neglected,  or  members  of  the 
family  aggrieved  and  irritated. 

Finally,  he  must  not  be  overready  to  believe  complaints  of 
wives  about  their  husbands ;  but  if  he  finds  that  the  complaints 
are  justified,  he  will  tell  the  woman  how  to  act  and  gravely  com- 
fort her.  If  she  complains  of  the  severity  and  bad  temper  of 
her  husband,  he  must  advise  her  to  remain  patient  and  obedient 
to  him,  to  perform  punctually  every  service  which  he  desires, 
to  show  her  love  for  him  by  the  greatest  willingness  and  kind- 
ness; to  be  silent  when  her  husband  is  angry  or  intoxicated; 
not  to  drive  him  to  still  greater  violence  even  when  she  suffers 
injustice;  and  admonish  him  affectionately  when  he  has  become 
calm,  and  sober,  and  good-humored,  but  not  till  then.  She 
should  answer  her  angry  husband  with  meekness  when  she  is 
obliged  to  answer  him,  for  a  gentle  answer  turns  aside  wrath, 
whereas  a  harsh  one  only  embitters. 

The  mother  will  claim  the  confessor's  special  zeal;  he  should 
expose  to  her  the  importance  and  responsibility  of  her  duties, 
the  obligation  of  admonishing  and  instructing  her  children  in 
prayer,  in  attendance  at  Mass,  reception  of  the  holy  Sacraments, 
and  of  correcting  their  faults;  of  warning  and  protecting  her 
children  against  the  dangers  which   threaten  youth,  of   daily 


614  THE    MINISTER    OF    THE    SACRAMENT 

praying  for  them,  of  preventing  dangerous  intercourse  with 
other  persons,  of  not  allowing  children  of  different  sex  to  sleep 
together,  etc. 

As  so  much  depends  upon  the  loyalty  of  teachers,  male  and 
female,  to  their  duties  the  confessor  will  not  fail  to  admonish 
them  at  all  times  to  discharge  faithfully  these  important  and 
exalted  duties,  reminding  them  of  their  grave  responsibility. 
Teachers  should  zealously  instruct  children  in  the  truths  of  re- 
ligion, always  assisting  the  endeavors  of  the  priest  according 
to  their  capacity,  and  working  with  him ;  see  that  the  education 
of  the  children  is  conducted  upon  Christian  principles ;  give  the 
children  and  the  parish  good  example  by  conscientious  dis- 
charge of  their  religious  duties  —  attendance  at  Mass,  reception 
of  the  holy  Sacraments,  and  by  their  conduct  in  general.  They 
must  be  encouraged  to  bear  patiently  the  manifold,  and  by  no 
means  slight,  hardships  of  their  position.  The  confessor  will 
also  show  constant  interest  in  their  work  in  the  school. 

The  mistress  of  a  house  must  be  reminded  by  the  confessor 
of  the  duties  of  Christian  employers  —  the  duty  especially  of 
having  a  watchful  eye  on  the  servants,  not  allowing  them  to 
go  out  late  in  the  evening;  of  preventing  male  and  female  ser- 
vants being  together  at  unseasonable  times ;  of  treating  servants 
in  a  Christian  manner,  and  of  giving  them  sufficient  time  to 
fulfill  their  religious  obligations. 

81.   The  Confessions  of  Men. 

It  is  a  deplorable  fact  that  men  approach  the  confessional 
more  seldom  than  women,  and  especially  since  their  position 
in  life  is  more  influential,  and  consequently  a  high  degree  of 
piety  is  particularly  desirable  in  them,  in  order  that  this  influ- 
ence may  be  a  salutary  one.  At  the  same  time,  they  are  ex- 
posed to  greater  dangers  and  temptations.574 

574  On  this  account  the  Provincial  Council  of  Bordeaux  (Cone.  Burdigal. 
1556,  Tit.  III.  c.  5,  in  Coll.  Lacens.  Tom.  IV.  p.  711)  declares  that,  in  our 


THE    CONFESSIONS    OF   MEN  615 

1.  Men  must,  therefore,  be  more  welcome  to  the  confessor  as 
penitents  than  women.  St.  Alphonsus  bewails  the  fact  that  so 
many  confessors  spend  a  good  part  of  the  day  in  hearing  the 
confessions  of  certain  pious  persons  (quas  vulgo  dicunt  Bizocas), 
and  that  when  men  or  married  women,  who  are  weighed  down 
with  misery  and  distress,  and  who  at  a  great  sacrifice  leave  their 
homes  and  business,  approach  the  confessional,  the  priest  dis- 
misses them,  saying:  "Go  to  some  other  confessor,  I  have  too 
much  to  do";  and  thus  it  comes  to  pass  that  such  people  live 
months  and  years  without  the  Sacraments.  This  is  not  hearing 
confessions  to  please  God,  but  rather  to  serve  self-love.  I  know, 
and,  in  opposition  to  others  who  maintain  that  the  time  is  wasted 
which  is  devoted  to  the  confessions  of  these  pious  persons,  I 
firmly  hold  that  leading  souls  to  perfection  is  a  work  very  pleas- 
ing to  God;  but  I  assert  also  that  good  confessors  who  hear 
confessions  only  to  please  God  (like  St.  Philip  Neri,  St.  John  of 
the  Cross,  and  St.  Peter  of  Alcantara)  do  not  hesitate  to  prefer 
to  these  pious  souls  one  whom  they  perceive  to  be  in  need  of 
their  help.575  What  St.  Alphonsus  says  in  another  place  is  also 
undoubtedly  true,  namely,  that  a  perfect  soul  is  more  pleasing 
to  God  than  a  thousand  imperfect  ones;  but  for  them  there  are 
other  times  and  other  occasions,  and  even  leading  souls  to  per- 
fection does  not  demand  such  expenditure  of  time  and  care  that 

times  especially,  solicitude  for  men  constitutes  a  principal  part  of  the 
priest's  work.  "  Sam  hoc  cevi  nostri  opus  prcecipuum  reputamus,  vivas  videlicet 
quam  solertissima  industria  et  quovis  indefesso  zelo  provocare,  ut  ad  meliorem 
viur  ckristiance  rationem  instituendam,  ad  exequenda  integrius  cujusque  status  el 
conditionis  officio,  tandem  se  recipiant.  Non  saperet  sacerdos,  qui  laboris  diffi- 
cultatibus  solummodo  intentits,  de  divinis  promissionibus  et  virtute  gratice  diffidens, 
hoc  opus  aggredert  tuv  st  gniter  ant  minus  strenue  />vt>st  qm  n  iur."  This  care  for 
men  the  priest  will  especially  exercise  in  the  confessional.  "The  divine 
authority  with  which  the  priest  is  invested,  the  reverence  with  which  the 
penitent  appears  before  him.  the  candor  with  which  he  unbosoms  himself, 
the  obedience  which  he  shows  him,  give  an  efficacy  to  the  confessor's  work  in 
the  confessional,  such  as  lie  is  unable  to  exercise  in  any  other  place  or  occasion." 
Gopfert. 

575  Praxis  Confess,  n.  120. 


616  THE    MINISTER    OF    THE    SACRAMENT 

others  should  be  neglected.  Moreover,  such  a  manner  of  ad- 
ministering the  Sacrament  of  Penance  may  easily  give  occasion 
to  malevolent  misconstructions  and  rumors,  and  thus  scandal- 
ize the  men  who  see  themselves  neglected.578  Hence  men  who 
come  to  confession  must  not  be  kept  waiting  long.  The  con- 
fessor should  show  himself  ready  to  answer  any  call,  even  when 
the  hour  is  unseasonable  and  troublesome  to  him.  If  there  are 
both  men  and  women  who  wish  to  confess,  Frassinetti 577  recom- 
mends hearing  the  men  first;  they  generally  have  more  impor- 
tant business  than  women,  and  are  also  as  a  rule  more  impatient. 
Women  have  more  leisure  and  greater  patience. 

2.  The  confessor  must  always  treat  men  courteously,  "in- 
deed with  a  certain  affability,  as  if  he  considered  himself  par- 
ticularly fortunate,  and  took  a  special  pleasure  in  hearing  their 
confessions."  Even  if  they  belong  to  the  lowest  classes  and  are 
coarse  and  repulsive,  he  should  always  address  them  with  polite- 
ness and  kindness.  "One  can  never  show  them  too  much  love 
and  friendliness,  for  it  makes  the  best  impression  upon  their 
minds,  encourages  them  to  make  a  good  confession,  and  in  course 
of  time  incites  them  to  a  more  frequent  reception  of  the  Sac- 
raments." 578 

3.  The  confessor  must  not  speak  of  perfection  to  those  who 
have  no  understanding  for  it.     He  must  generally  be  content 

676  Cf.  Gopfert,  1.  c.  p.  283. 

577  L.  c.  p.  278,  n.  397;  also  Dubois,  1.  c.  n.  368,  p.  434,  and  Gopfert,  I.  c. 
p.  284. 

578  He  should  not  be  repelled  if  the  penitent —  as  is  peculiar  to  many  men, 
generally  less  from  malice  than  from  awkwardness  or  embarrassment  — 
shows  a  rough,  sullen,  insolent  disposition;  if  his  expressions  are  blunt, 
short,  and  ill  chosen ;  indeed,  the  priest  should  be  impressed  favorably  by 
the  fact  that  men  generally  confess  their  sins  with  a  certain  honest  fearless- 
ness. Cf.  Synod  vie.  Sutchuensis,  1803;  Coll.  Lac.  Tom.  VI.  p.  608;  and 
Cone.  Aqu.  1850,  Tit.  VII.  c.  5.  Coll.  Lac.  Tom.  IV.  p.  992:  Alacri  animo 
et  in  multa  patientia  suscipiat  pcenitentes,  prcesertim  vims,  qui  ad  sacrum  tribunal 
tummo  studio  omnique  charitatis  industria  alliciendi  sunt.  Cone.  Baltim.  1866, 
Tit.  V.  c.  5  (Coll.  Lac.  Tom.  III.  p.  40). 


THE    CONFESSIONS    OF    MEN  617 

with  instilling  into  their  hearts  hatred  and  detestation  of  mortal 
sin.  "  This  is  necessary,  lest  they  regard  him  as  what  they  call  a 
'saint,'  and  be  afraid  to  come  to  him  again."  But  the  con- 
fessor must  not  go  too  far  in  his  indulgence,  nor  permit  to  the 
men  who  are  his  penitents,  anything  which  might  become  a 
great  danger  for  their  souls;  he  must  here  be  particularly  care- 
ful concerning  circumstances  in  their  lives  which  are  to  them 
occasiones  proximce. 

4.  The  confessor  must  urge  them  to  fulfill  their  duties  as  Chris- 
tian men  faithfully,  punctually,  and  fervently. 

5.  He  should  especially  warn  them  against  negligence  in  prayer, 
admonish  them  to  observe  Sundays  and  holy  days  conscien- 
tiously, and  particularly  to  be  present  at  sermons,  as  those  who 
seldom  or  never  hear  a  sermon  will  hardly  persevere  in  a  truly 
Christian  life. 

6.  Then  if  it  be  opportune,  he  should  enjoin  moderation  in 
drinking,  in  case  they  have  been  guilty  of  drunkenness. 

7.  If  he  has  reason  to  doubt  the  firmness  and  integrity  of 
their  faith,  in  which  they  may  be  remiss,  he  must  probe  into  the 
matter ;  perhaps  he  will  have  to  censure  the  reading  of  bad  news- 
papers, or  the  frequenting  of  doubtful  society. 

8.  Upon  husbands  he  should  impress  the  duty  of  cultivating 
a  loving  and  peaceable  disposition  towards  their  wives,  and,  if 
there  is  reason  for  it,  the  duty  of  avoiding  all  impropriety  in 
married  life.  He  should,  especially,  denounce  the  evil  habit  of 
carrying  on  improper  talk  in  the  presence  of  servants,  compan- 
ions, young  people,  and  in  the  home  circle. 

9.  Fathers  should  be  earnestly  admonished  to  assist  their 
wives  as  much  as  possible  in  the  work  of  education,  and  to  set 
their  children  a  good  example  in  every  respect. 


618  THE    MINISTER     OF    THE    SACRAMENT 

82.   The  Confession  of  Nuns.579 

1.    We  have  already  stated  that  a  priest  requires  special  ap- 
probation from  the  bishop  to  hear  the  confession  of  nuns.580    But 
in  order  to  discharge  this  office  fruitfully,  he  must  be  well  in- 
structed and  experienced  in  spiritual  things,  prudent,  and  pos- 
sessed of  great  charity  and  patience.     As  already  pointed  out, 
proficiency  in  theology,  especially  in  moral  theology,  is  indis- 
pensable to  all  confessors;   "but  greater  knowledge  is  necessary 
to  the  confessors  of  nuns,  since  the  Church  exercises  greater 
care  in  selecting  them."     Without  solid  knowledge,  the  unusual 
circumstances  which  may  arise  are  often  mismanaged  and  not 
rarely  with  fatal  results.     The  confessor  of  nuns  must  possess 
an  accurate  knowledge  of  the  spiritual  and  ascetic  life,  of  the 
duties  of  religious  in  general,581  and  of  the  particular  obligations 
of  the  Order  (or  Congregation)  to  which  the  women  committed 
to  his  care  belong.     First  of  all,  distinction  is  to  be  made  be- 
tween nuns  who  lead  a  contemplative  and  those  who  lead  an 
active  life.     The  former  are  devoted  in  a  special  manner  to  the 
love  of  God,  are  far  removed   from  the  dangers  of  the  world, 
and  can  more  easily  sanctify  themselves ;   they  also  contribute 
toward  the  general  welfare  by  their  prayers ;  but  they  are  tried 
by   temptations   and   interior   struggles.     The   others   are   not 
wholly  withdrawn  from  the  dangers  of  the  world,  as  they  are 
inevitably  brought  into  contact  with  it  by  the  exercise  of  the 
works  of  charity;    society  benefits  much  by  their  high  merits. 
Both  forms  of  life  are  ordained  by  God,  and  are  of  great  use  in 
the  Church.     Moreover,  the  separate  Orders  have  their  char- 
acteristics,  corresponding   to   the   particular   object   for  which 

579  Zenner,  Instructio  pract.  Conf.  1.  c.  §§  273,  274  ;  Lehmkuhl,  1.  c.  Sacram. 
Poen.  Sect.  III.  cp.  4,  art.  3,  nn.  506-510 ;  Aertnys,  Instruct,  pract.  1.  c.  art.  II. 
n.  148;  Gaume,  Handbook  for  Confessors,  n.  185. 

580  See  §  41. 

581  For  this  purpose  he  should  make  a  diligent  study  of  those  ascetic  books 
which  treat  of  these  matters;  for  example,  the  works  of  St.  Alphonsus, 
Rodriguez,  Scaramelli. 


THE    CONFESSION    OF   NUNS  619 

they  were  founded.  With  these,  and  with  the  constitutions  of 
the  Order,  the  confessor  must  be  familiar. 

But  in  rebus  spiritualibus  he  must  not  only  possess  theoreti- 
cal knowledge,  he  must  be  well  experienced  in  them,  "because 
spirit  ualia  cannot  be  rightly  and  perfectly  understood  without 
personal  experience."  If  this  experience  is  not  possessed,  he 
will  be  a  blind  man  leading  the  blind.582 

Supernatural  love  and  patience  are  necessary  to  the  confessor, 
in  order  that  he  may  zealously  further  the  spiritual  progress  of 
those  committed  to  him,  and  bear  with  equanimity  their  faults, 
weaknesses,  and  deficiencies.  And  though  only  a  few  souls 
may  be  confided  to  his  spiritual  care,  let  him  not  forget  that 
by  the  perfection  of  a  few  a  greater  honor  is  shown  to  God  than 
by  the  imperfect  endeavors  and  virtues  of  many.  Let  him  also 
keep  in  mind  that  those  who  devote  themselves  to  the  service 
of  God  have  to  endure  more  temptations  of  every  kind  than 
others,  and  that  he  to  whom  the  spiritual  care  of  them  is  in- 
trusted must  bear  no  small  portion  of  this  burden  with  them. 
If,  therefore,  the  confessor  does  not  possess  the  supernatural 
love  of  God  and  his  neighbor  which  enables  him  to  sustain  these 
trials,  he  is  not  suited  for  his  office. 

682  Idque,  proceeds  Lehmkuhl,  adeo  verum  est,  ut  in  extraordinariis  don  is  di- 
vinis,  teste  Sancta  Theresia,  Dcus,  non  raro  directorem  vel  confessarium  experi- 
entia  instruat,  ut  alios,  qui  ejusmodi  charismatibus  dotati  sint,  recte  instruere  et 
dirigere  possit.  The  more,  therefore,  the  confessor  sees  himself  deprived  of 
the  extraordinary  gifts,  the  more  prudent  and  cautious  he  must  be;  if  he 
should  have  a  penitent  who  enjoys  a  special  intercourse  with  God,  such 
penitent  must  not  be  lightly  treated.  But  even  in  the  treatment  of  ordi- 
nary, everyday  matters,  the  confessor  of  nuns  must  proceed  with  great 
prudence,  in  order  to  give  wholesome  advice  and  correct  answers;  "quo  enim 
sagacio?'is  et  suspicacioris  indolis  sint  femince  et  quo  majus  otium  ruminandi  et 
indagandi  moniatibus  relinquatur,  eo  cautior  et  prudentior  esse  debet  illarum  con- 
fessnrius,  ne  errorum  del  ansam."  Lehmkuhl.  It  is  also  a  part  of  prudence 
to  content  himself  with  what  devolves  upon  him  as  confessor,  and  not  to  in- 
terfere in  the  temporal  affairs  of  the  nuns,  lest,  by  more  familiar  intercourse 
with  one  or  other  of  them,  he  expose  himself  or  her  to  danger,  or  give 
occasion  for  ill  feeling  or  petty  jealousy. 


620  THE    MINISTER    OF    THE    SACRAMENT 

2.  It  must  be  his  care  that  the  nuns  disclose  to  him  the  state 
of  their  consciences  with  full  confidence ;  they  must  place  great 
trust  in  their  confessor,  as  he  is  almost  their  only  refuge;  and, 
like  sheep  without  a  shepherd,  they  will  be  exposed  to  many 
anxieties  and  temptations  if  this  support  fail  them.  He  must, 
therefore,  always  show  great  patience  and  gentleness  towards 
all,  and  if  he  perceive  in  a  nun  a  certain  shyness  in  the  confes- 
sional which  hinders  her  from  making  known  her  interior  state, 
he  must  lend  her  special  assistance  in  laying  aside  this  shyness; 
but  at  the  same  time  there  is  a  certain  kind  of  unnecessary  ten- 
derness which  he  should  avoid  in  his  whole  demeanor. 

3.  It  must  also  be  his  care  that  nuns  observe  their  vows 
faithfully  and  perfectly,  and  adhere  to  the  special  rules  and 
regulations  of  their  institute ;  moreover,  that  they  perforin  their 
exercises  of  piety  with  devotion  and  zeal,  that  their  daily  occu- 
pations are  executed  with  a  perfect  intention,  with  frequent 
recollection  of  the  presence  of  God.  They  must,  therefore,  be 
taught  a  good  method  of  meditation  and  of  the  examination  of 
conscience  (examen  generate  and  particulare) ,  the  manner  of 
receiving  holy  communion,  making  a  good  confession,  hearing 
holy  Mass,  saying  the  Office,  and  other  vocal  prayers.  All  these 
things  are  generally  provided,  however,  in  the  religious  rule. 

4.  He  must  make  it  his  concern  that  the  nuns  should  advance 
in  virtue.  The  following  virtues  are  especially  necessary  for 
them :  (a)  the  love  of  God,  not  a  sensual  love,  but  a  strong  love, 
one  which  urges  to  the  fulfilment  of  the  will  of  God,  in  all 
things,  even  the  most  difficult;  (6)  humility  and  modesty;  (c) 
obedience  to  rules  and  to  superiors ;  a  sacrificing,  cheerful,  punc- 
tual obedience,  which  does  not  ask  a  reason  for  the  command, 
but  which,  when  no  sin  is  apparent  and  certain,  blindly  sub- 
mits itself ;  (d)  love  of  the  members  of  the  community,  which 
has  for  a  practical  result  that  they  avoid  wounding  or  griev- 
ing others,  that  offenses  are  gladly  forgiven,  faults  patiently 
borne,  and  mutual  assistance  rendered,  as  far  as  is  possible;- 


THE    CONFESSION    OF   NUNS  621 

(e)   chastity,   which   avoids   every  dangerous   attachment  and 
familiarity. 

5.  The  confessor  should  encourage  and  promote  the  authority 
of  the  Superioress  of  the  convent,  but  not  to  such  an  extent  that,  if 
she  should  happen  to  be  in  error  or  to  go  beyond  her  powers,  he 
should  render  himself  inaccessible  to  the  complaints  of  the  subor- 
dinates; he  should  discourage  the  spirit  of  grumbling  in  the  com- 
munity, because  authority  is  thereby  weakened;  but  he  should 
prudently  weigh  complaints  which  may  be  laid  before  him,  to  see 
if  they  are  justified,  and  so  remedy  them ;  others  he  must  dismiss. 

6.  In  his  capacity  of  confessor,  he  must  observe  the  following 
points :  (a)  to  associate  with  the  nuns  rather  too  seldom  than  too 
often,  and  if  he  is  obliged  to  speak  to  them,  let  it  be  done  as 
briefly  as  possible;  (6)  in  answering  questions  submitted  to  him, 
he  should  not  be  too  hasty,  but  in  more  important  matters  or 
cases  of  doubt,  he  should  request  time  for  consideration ;  (c)  in 
the  confessional  he  i^iould  show  no  weariness,  no  impatience, 
and  no  haste,  for  tills  lessens  confidence  in  him;  (d)  he  must 
not  be  immoderately  disturbed,  nor  take  scandal  if  he  should 
hear  a  sin  of  greater  gravity  in  the  confessional,  for  he  must 
remember  that  persons  dedicated  to  God  are  subject  to  violent 
attacks  from  the  evil  one;  let  him,  therefore,  rather  show  pity 
than  agitation,  admonish  the  erring  one  with  paternal  earnest- 
ness, encourage  her,  reawaken  her  lost  fervor,  in  order  that  by 
greater  zeal  and  mortification  she  may  atone  for  her  error  and 
avoid  sin  in  the  future ;  (e)  he  should  be  very  careful  to  give  no 
ground  for  any  suspicion  that  he  makes  use  of  knowledge  gained 
in  the  confessional,  in  his  actions  or  words  outside  the  confes- 
sional; (/)  he  must  not  interfere  at  all  in  the  management  of 
the  house,  nor  in  any  matter  which  concerns  the  Ordinary  or 
the  Superioress,  nor  readily  give  advice  in  such  things,  but  re- 
main firmly  and  strictly  within  the  limits  of  his  office,  looking 
after  the  spiritual  welfare  and  the  progress  of  his  penitents.  For 
this  reason,  he  should  introduce  no  innovations,   and  if,   on 


622  THE    MINISTER     OF    THE    SACRAMENT 

weighty  grounds  some  change  appears  desirable,  it  should  not 
take  place  without  the  advice  and  consent  of  the  Superioress 
and  the  greater  part  of  the  community ;  otherwise  peace  in  the 
community  will  be  destroyed. 

7.  The  confessor  must  be  especially  on  his  guard  against  the 
following  abuses,  lest  they  creep  in,  and  establish  themselves: 
(a)  everything  which  is  detrimental  to  community  life,  or  de- 
rogatory of  the  vow  of  poverty  in  any  way,  even  if  only  in  slight 
measure;  (6)  disobedience  towards  the  Superioress,  murmuring 
against  her,  complaining  about  her  to  the  other  sisters,  aversion, 
etc. ;  (c)  offenses  against  charity,  even  if  these  latter  are  common 
and  not  of  grave  nature;  the  confessor  must  not  tolerate  the 
least  offense  against  charity  which  is  committed  with  delibera- 
tion, and  he  must  firmly  insist  upon  reconciliation  and  sup- 
pression of  antipathies;  (d)  particular  friendship,  even  if  there 
be  no  danger  connected  with  it,  is  to  be  avoided,  for  it  divides 
the  heart,  hinders  familiar  intercourse  with  God,  lessens  the  love 
of  the  community,  and  gives  occasion  to  complaints  and  recrimi- 
nations; (e)  familiarity  with,  or  voluntary  intercourse  with, 
persons  not  belonging  to  the  house;  this  causes  great  dangers, 
and  weakens  the  religious  spirit.  The  confessor  must,  there- 
fore, strictly  insist  upon  the  inclosure  being  observed,  and  upon 
the  portress  being  thoroughly  trustworthy.  If  there  are  nuns 
whose  duties  oblige  them  to  be  in  contact  with  the  world,  or 
who  are  occupied  out  of  the  house  attending  to  the  sick,  the 
confessor  must  see  that  danger  of  sin  does  not  result  to  any  one 
of  them  through  this  occupation;  (/)  lukewarmness  and  spir- 
itual sloth;  the  confessor  must  direct  his  endeavors  to  prevent 
drooping  of  the  first  ardor,  and  to  encourage  the  practice  of 
true  piety;  he  should,  therefore,  insist  that  the  prescribed 
recollections  take  place  regularly  and  are  well  observed;  also 
that  there  is  a  Retreat  every  year,  or  at  least  every  two  years. 

8.  In  order  that  the  Superioress  may  duly  exercise  her  office, 
the    confessor    should,    when     occasion     offers,    admonish   her 


THE    CONFESSION    OF    NUNS  623 

that:  (a)  she  must  love  all  her  sisters  as  her  daughters 
without  making  any  distinction;  and  she  must,  therefore, 
gladly  lend  her  ear  to  any  one  of  them,  and  help  her  to  the  best 
of  her  ability;  (6)  she  must  not  at  once  credit  reports  made 
secretly  to  her,  but  carefully  investigate  them,  and  if  she  has 
to  reprimand,  it  should  generally  be  done  privately;  (c)  she 
must  take  care  that  the  regular  Observance  is  strictly  fulfilled, 
and  she  herself  must  be  a  model  for  all;  (d)  if  she  perceives 
abuses,  she  must  rectify  them  in  a  prudent  manner;  (e)  she 
must  look  to  it  that  members  of  the  Order  who  are  sick  are  care- 
fully tended  and  often  visited  by  the  other  sisters;  (/)  in  the 
expenses  she  must  avoid  both  avarice1  and  extravagance;  (g)  in 
admitting  and  dismissing  novices  she  must  exercise  great  pru- 
dence; (h)  in  unusual  circumstances  she  must  have  timely  re- 
course to  the  advice  of  the  Ordinarius;  (i)  she  must  be  guide*  1 
by  the  Papal  Decree  in  the  matter  of  the  account  of  conscience. 
(The  constitutions  of  many  Orders  permitted  the  unfolding  of 
the  conscience  to  the  Superior,  in  order  to  obtain  help  and  advice, 
but  "a  more  intimate  investigation  of  the  conscience,  such  as 
is  reserved  solely  to  the  Sacrament  of  Penance,"  was  wrongly 
introduced  by  some.  In  consequence  of  which  Pope  Leo  XIII 
strictly  forbade  Superioresses,  whatever  rank  and  eminence  they 
might  occupy,  to  induce  persons  under  them,  directly  or  indi- 
rectly, by  command,  advice,  threats,  or  kind  words,  to  make 
such  revelation  of  conscience  to  them.  On  the  other  hand,  the 
Pope  leaves  it  to  subordinates  voluntarily  and  freely  to  disclose 
their  interior  state  to  their  Superiors,  so  that,  in  doubt  and 
trouble  of  conscience,  they  may  receive  from  their  wisdom 
advice  and  guidance);583  (k)  finally,  she  must  never  encroach 
on  the  rights  of  the  regular  confessor  by  determining  for  indi- 
vidual sisters  the  number  of  weekly  communions.584 

fl83  Decretum  17  Dec,  1890. 

s<4  Compare  on  this  point  S.  R.  C.  2  Dec,  1885;  S.  C.  Ep.  et  Reg.  4  Aug., 
1888;  Ballerini,  Notse  ad  Gury,  Theol.  Mor.  II.  n.  241;  moreover,  S.   Rom. 


624  THE    MINISTER    OF    THE    SACRAMENT 

83.   The  Confession  of  Priests. 

A  good  confessor  is  very  necessary  for  a  priest.  The  priest 
instructs,  warns,  and  guides  others;  he  himself  is  seldom  ad- 
monished and  warned,  and  yet  for  him,  too,  reproof,  instruc- 
tion, and  warning  are  sometimes  necessary.  And  who  should 
give  it  but  his  confessor?  The  latter  has  a  solemn  duty  to  do 
so.  And  does  not  the  priest,  too,  sometimes  require  encour- 
agement and  comfort,  especially  if  he  finds  himself  in  a  difficult 
situation,  or  is  troubled  with  anxiety?  And  here  the  confessor 
must  come  to  his  assistance  and  comfort  him. 

Hearing  the  confessions  of  priests  is  a  matter  of  the  highest 
importance,  as  priests  are  appointed  by  God  shepherds,  teach- 
ers, and  guides  of  souls ;  they  are  the  light  of  the  world  and  the 
salt  of  the  earth.  A  worthy  priest  effects  much  good  amongst 
the  faithful  by  a  holy,  pious,  pure,  virtuous,  and  zealous  life ! 
But  how  harmful  is  the  lukewarmness,  the  neglect  of  duty, 
the  levity  of  one  who  by  his  faults  and  open  sins  gives  scandal 
to  the  people.  What  a  great  and  significant  task  is  it  for  the 
confessor  to  teach,  rouse,  warn,  threaten,  and  encourage  his 
brother  in  the  holy  priesthood ! 

Let  the  confessor  treat  his  penitent  with  reverence;  although 
the  latter  kneels  before  him  to  accuse  himself  as  a  sinner,  he  is 

et  Univ.  Inquis.  2  July,  1890;  Linzer  Theol-prakt.  Quartalschrift,  1889,  S. 
630;  1893,  S.  138  (both  articles  by  W.  E.  Hubert).  According  to  these  de- 
cisions, the  right  to  give  permission  to  nuns  to  receive  holy  communion 
oftener  (than  on  the  days  fixed  by  the  constitutions)  belongs,  not  to  their 
director  or  their  Superioress,  but  only  to  the  usual  confessor,  who,  in  the  ex- 
ercise of  his  right,  is  free  and  independent.  Only  in  one  case  could  the 
Superioress  forbid  holy  communion,  namely,  when  a  nun  had  publicly  com- 
mitted a  serious  fault  which  had  caused  scandal  to  the  other  sisters  (cf.  S. 
C.  Ep.  et  Reg.  27  June,  1876) ;  this  prohibition,  however,  would  only  hold 
good  till  the  next  confession.  When  the  Confessor  ordinarius  has  given  per- 
mission for  special  occasions,  it  need  not  be  referred  to  the  Superiors;  but  if 
the  permission  is  granted  once  for  all,  the  Superior  should  be  informed ;  the 
penitent  herself  ought  to  do  so,  but  only  once.  Cf.  S.  Rom.  et  Univ.  Inq. 
■1  July,  1890. 


THE    CONFESSION    OF    PRIESTS  625 

still  a  priest,  clothed  with  exalted  dignity.  He  must  also  treat 
him  with  true,  fraternal,  zealous  and  courageous  love,  which 
discloses  the  wounds  of  the  soul,  points  out  dangers  and  evil 
inclinations,  blames  when  blame  is  necessary,  and  punishes 
when  punishment  is  necessary.  It  would,  indeed,  be  render- 
ing bad  service  to  a  fellow-priest  simply  to  listen  to  him,  to  give 
him  a  few  general  exhortations,  and  then  to  absolve  him. 

If  the  penitent  is  a  conscientious,  well-instructed  priest 
(which  may  without  difficulty  be  inferred  from  the  manner  of 
the  confession,  if  he  is  not  already  known  to  the  confessor),  it  is 
not  necessary  to  put  questions  to  him;  if  the  confessor  has 
doubts  as  to  the  gravity  of  a  sin  confessed,  he  can  ask  the  peni- 
tent if  he  thought  that  he  was  committing  a  mortal  sin.  The 
exhortation,  however,  should  scarcely  ever  be  omitted;  let  it 
be  short  and  appropriate;  it  may  be  given  in  indirect  form, 
"we  priests,"  etc.  If  the  penitent  is  frivolous  and  superficial, 
questions  must  be  put  to  him,  in  order  to  complete  his  confes- 
sion. These  questions  may  turn  on  the  recitation  of  the  Office, 
the  celebration  of  Mass,  administration  of  the  Sacraments,  and 
other  priestly  and  pastoral  duties.585 

Toward  such  penitents  the  confessor  must  be  fearless,  and 
administer  to  them,  whoever  they  may  be,  regardless  of  rank, 
esteem,  and  dignity,  reproof,  and  refuse  absolution,  if  necessary ; 
for  example,  when  they  are  occasionarii  or  relapsing  sinners. 
St.  Alphonsus  adds:  Potissimum  hac  fortidudine  agendum  est 
cum  sacerdotibus,  qui  in  gravia  peccata  relapsi,  quin  se  unquam 
emendaverint,  ausi  sunt  tamen  celebrare,  aucupando  absolutionem 
ab  aliquo  confessariorum  qui  hoc  funguntur  officio  et  laborant,  ut 

585  St.  Alphonsus  wishes  that  such  a  priest  (conscientice  parum  meticulosoe) 
should  be  asked  :  1.  Si  distulerit  eelebrationem  missarum  per  mensem,  proesertim 
si  sint  defuncturum  (cf.  II.  A.  Append.  III.  n.  107).  2.  Si  festinanter  celebra- 
vit  (II.  A.  Tract.  15,  nn.  84  ad  86).  3.  Si  satisfecit  obligationi  divini  officii, 
prcesertim  si  est  beneficiatus.  II.  A.  Append.  IV.  §  1,  n.  !);  Prax.  Corif.  n.  183. 
Cf.  Aertnys,  Instr.  pract.  P.  III.  cp.  2,  3,  art.  3,  n.  154  and  P.  II.  cp.  2,  n.  I2j 
Gaurae,  Handbook,  \.  chap.  2.  art,  §§  182,  183,  184. 


626  THE    MINISTER    OF    THE    SACRAMENT 

damnentur.  Hi  sacerdotes  pravis  habitibus  detenti  palam  solent 
in  sacristia  conftteri,  id  absolutionem,  quae  eis  denegenda  esset, 
extorqueant  sub  prcetextu  scandali,  quod  eveniret  (quemadmodum 
Mi  exponunt),  si  a  celebrando  desistere  deberent.  Sit  constans 
confessarius  cum  hujusmodi  sacrilegis  in  differenda  absolutione, 
eos  adstringat  ad  repetendas  confessiones  tanquam  irritas,  et  ad 
confitendum  de  omnibus  Sacriftciis  celebratis:  et  interim  ad  absti- 
nendum  a  celebratione,  usquedum  sure  emendationis  perspicua 
indicia  prevbebunt.  Quod  si  quis  diceret,  ob  scandalum  a  cele- 
brando abstinere  non  posse,  respondeat  quod  deesse  non  possunt 
justi  prcctextus,  si  vellet  desistere  a  celebrando;  ceterum  si  ipse  id 
facere  renuit,  dicat  quod  celebrare  potest  si  est  certus,  se  habere  con- 
tritionem,  sed  quod  ipse  pro  tunc  non  potest  eum  absolvere,  dum 
certus  non  est,  ut  oportet,  de  ejus  dispositione ;  imo  justum 
habet  motivum  credendi  oppositum,  cum.  observet  tot  lapsus  sine 
emendatione.  Et  hoc  modo  agendi  potest  sperari,  fore  ut  reci- 
piscat  et  salvelur  Me  miser  sacerdos,  secus  ambo  damnabuntur.5*6 

But  the  priest  (especially  a  young  one)  must  not  be  bewil- 
dered if  an  unfortunate  brother  priest,  burdened  with  grave  sins, 
approaches  him  to  make  his  confession.  Let  him  remember 
that  there  was  a  Judas  amongst  the  apostles;  that  the  chief 
of  the  apostles  was  guilty  of  a  very  grave  sin ;  let  him  also  bear 
in  mind  the  words  of  the  Lord :  Necesse  est,  ut  veniant  scandala 
(Matt,  xviii.  7). 

As  to  the  exhortations  which  the  confessor  should  give  to 
priest  penitents,  they  should  be  chiefly:  (1)  to  remember  their 
calling,  their  exalted  dignity,  their  duties,  their  reward;  (2)  to 
devote  themselves  wholly  to  their  sublime  office,  to  labor  for 
the  salvation  of  souls,  and  for  the  glory  of  God  by  their  prayers, 
their  example,  and  the  exercise  of  the  sacred  ministry;  to  have 
special  care  for  the  sick  and  dying,  the  poor  and  the  young; 
(3)  to  avoid,  especially,  four  vices,  as  being,  above  all,  unworthy 
of  their  spiritual  calling  and  presenting  particular  dangers  for 

5sfi  II.  A.  Append.  IV.  §  1,  n.  9. 


TUE    CONFESSION    OF    PRIESTS  627 

priests,  —  sloth,  impurity,  drunkenness,  and  avarice  (covctous- 
ness).  The  priest  must  often  renew  his  purpose  of  leading  a 
virtuous  life  and  of  striving  to  obtain  perfection.  This  reso- 
lution always  revives  the  priest's  zeal  in  the  performance  of  his 
sacred  functions,  gives  joy  in  the  exercise  of  virtue,  strength  to 
resist  temptations,  and  perseverance  in  his  efforts.  But  that 
the  priest  may  be  true  to  this  resolution,  he  must  employ  vari- 
ous means,  especially :  — 

1.  Zeal  in  prayer;  the  priest  must  be  a  man  of  prayer;  he 
must  practice  mental  and  vocal  prayer.  Sine  oralione  mentali 
difficillime  bonus  erit  Sacerdos;  nam  sine  ea  intellectus  carebit 
lumine,  quo  cognosced  veritates  (dernas  et  mysteria  divini  amoris, 
alque  inde  deerit  in  voluntate  color  fervoris,  quo  novatur  ad  sancte 
vivendum.587  The  priest  should,  therefore,  fix  a  definite  time 
everyday — at  least  a  quarter  of  an  hour,  if  at  all  possible,  half 
an  hour —  during  which  to  devote  himself  to  meditation.  Morn- 
ing is  the  best  time,  as  one  is  less  exposed  to  distractions  then 
than  in  the  midst  of  the  occupations  and  cares  of  the  day.  Those 
who  answer,  however,  that  they  have  no  time  for  daily  medi- 
tation should  consider  if  their  lukewarnmess  and  carelessness 
are  not  much  more  to  blame  than  want  of  time.  If  they  gave 
up  superfluous  pleasures,  visiting,  and  other  unnecessary  things, 
or  at  least  reduced  them,  they  would  certainly  be  able  to  spare 
a  quarter  of  an  hour  on  most  days  for  meditation.588 

587  S.  Alph.  Prax.  Conf.  n.  183. 

588  prax.  Conf.  nn.  122,  127,  219.  Contemplatio  in  ceteris  hominibus  e/nreritur 
per  consilium,  in  sacerdotibus  vera  exigitur  per  prceceptum.  Rup.  Tuit.  Lib.  II. 
in  Lev.  cp.  40.  St.  Gregory  trembles  for  those  bishops  who  admit  to  the 
service  of  the  sanctuary  men  who  have  neither  reverence  nor  love  for  prayer. 
St.  Bernard  admonishes  Pope  Eugenius  to  impose  hands  upon  those  only  who 
have  taste  and  zeal  for  meditation.  St.  Charles  Borromeo  objects  to  ordain- 
ing any  priest  without  being  certain  that  he  possesses  the  science  of  medi- 
tation. .  .  .  And  everything  that  has  been  written  upon  this  subject  since 
the  days  of  St.  Vincent  de  Paul,  St.  Francis  of  Sales,  and  Olier,  may  be 
summed  up  as  follows:  "If  one  becomes  a  priest  only  by  ordination,  one 
becomes  agood  priest  only  by  meditation."  Compare  Chaignon,  Meditations, 
Introduction,  p.  x  ff. 


628  THE    MINISTER    OF    THE    SACRAMENT' 

Not  less  necessary  for  the  priest  is  oral  prayer.  Clama  ad  me 
et  ego  exaudiam,  says  the  Lord  (Jerem.  xxxiii.  3) ;  for  if  it  is 
certain  that  the  priest  daily  requires  new  graces,  it  is  also  certain 
that  he  must  ask  for  them  daily.  Besides  the  priest  is  the  medi- 
ator between  God  and  His  people,  and  therefore  must  supplicate 
for  them.  "  Absit  a  me  poc  peccatum  in  Dominum,  ut  cessem 
orare  pro  vobis ' '  1  Kings  xii.  23  (Samuel) ;  "  Et  rogante  pro  eis 
Sacerdote,  propitius  erit  eis  Dominus"  (Lev.  iv.  20). 

2.  Of  all  the  prayers  that  the  priest  must  say,  none  is  more 
excellent,  with  the  exception  of  the  holy  Mass,  none  is  more 
efficacious  than  the  Officium  divinum.  Let  the  priest  say  it 
punctually,  faithfully,  with  recollection  and  with  pleasure. 

3.  The  center  of  the  sacred  ministry  is  the  celebration  of  the 
holy  sacrifice.  For  this  most  holy  mystery  he  should  prepare 
himself  with  care,  celebrate  it  with  the  greatest  possible  purity 
of  heart,  interior  devotion,  and  exterior  reverence,  and  with 
careful  observance  of  the  wise  precepts  of  the  Church  which 
bind  under  grave  sin  (ex  genere  suo).  The  priest  must  be  on 
his  guard  against  three  chief  faults  in  the  celebration  of  Mass : 
celebration  in  haste,  out  of  custom,  and  in  a  state  of  grave  sin. 

4.  Another  means  of  sanctification  is  frequent  confession. 
At  least  every  eight  days  the  priest  should  make  a  good  con- 
fession, and  only  on  account  of  great  distance  from  a  confessor 
should  he  delay  it  a  fortnight.  So  St.  Charles  Borromeo  deter- 
mined in  the  first  provincial  council  and  in  his  celebrated  In- 
structions. But  the  priest  should  also  observe  the  other  advice 
of  this  enlightened  Saint  (in  Decretis  visitatoris) :  Valde  utile 
esset,  ut  Sacerdos  unusquisque  .  .  .  cerium  ac  firmum  Confes- 
sarium  Sacerdotem  haberet  ex  approbatis,  a  quo  nisi  in  magna 
necessitate  recederet;  si  quidem  animce  solet  non  minus  obesse 
Confessariorum  mutatio,  quam  corpori  Medicorum. 

5.  The  good  priest  loves  the  study  of  wisdom,  and  observes 
the  admonition  which  St.  Paul  gave  to  his  pupil,  Timothy: 
Attende  tibi  et  doctrina?;  insta  in  illis.    Hoc  enim  faciens  te  ipsum 


THE    CONFESSION    OF    PRIESTS  629 

salvum  jacies  et  eos  qui  te  audiunt  (1  Tim.  iv.  13,  16).  Continual, 
zealous  study  of  theology  alone  enables  the  priest  to  do  his  duty, 
to  be  a  teacher  of  the  people  in  the  science  of  salvation,  and  to 
administer  the  holy  Sacrament  of  Confession  rightly  and  success- 
fully; at  the  same  time  it  preserves  him  from  many  evils  and 
dangers,  and  it  is  to  him  a  source  of  exalted  pleasure. 

6.  Another  means  which  contributes  much  to  sanctification 
is  to  be  found  in  the  Exercilia  spiritualia,  which  priests  should 
make  every  year,  at  least  every  two  years.  Immense  is  the 
blessing  which  results  to  the  whole  Church  and  to  the  individual 
priests  who  zealously  perform  them  in  the  right  spirit  and  in 
the  right  manner.589 

589  S.  Alph.  Prax.  Conf.  n.  48  ss. ;  Aertnys,  Instr.  pract.  1.  c.  a.  156  ss. ; 
Zenner,  Instr.  pract.  Conf.  §§  276,  277. 


CHAPTER  III 

PENITENTS   IN    EXTREME    DANGER 

84.   The  Importance  of  the  Priest's  Ministry  at  the  Bedside  of 

the  Sick  and  the  Dying. 

As  the  grace  of  perseverance  and  eternal  salvation  depends 
upon  a  good  death,  as  a  bad  death  can  never  be  remedied,  and 
as  man's  helplessness  is  never  greater  than  in  that  terrible  last 
struggle,  in  which  a  thousand  things  disturb  and  confuse  him, 
the  bitterest  pains  afflict  and  the  most  violent  temptations 
beset  him,  it  is  a  work  most  pleasing  to  God,  and  most  conducive 
to  the  salvation  of  souls,  to  bring  spiritual  aid  to  the  sick  and 
dying.  The  good,  zealous  priest  is  an  ardent  friend  of  the  sick 
and  the  dying,  following  in  this  the  example  of  our  divine 
Savior  (Matt.  ix.  35).  It  was  always  the  glory  of  Catholic 
priests  that  they  were  to  be  found  at  the  bedside  of  the  sick 
and  the  dying,  making  no  distinction,  and  undeterred  by  the 
worst  infectious  diseases.  And  when  all  flee,  the  priest  re- 
mains and  is  prepared  to  sacrifice  himself  in  order  to  save  the 
sick  one.  Therefore  Dr.  Stohr  says  most  truly  in  his  "  Pas- 
toral Medicine"  (p.  241):  "The  chronicles  of  epidemic  disease 
record  upon  each  of  their  pages  the  most  splendid  examples 
of  that  joyful  self-sacrificing  courage  with  which  the  whole 
secular  and  Regular  clergy  have  stood  faithfully  at  their  posts, 
.in  the  hour  of  the  greatest  need,  in  the  clays  when  a  reign  of 
terror  dissolved  all  ties  of  society.  For  the  Catholic  pastor  of 
souls  this  form  of  courage  is  just  as  much  a  principle  of  profes- 
sional honor,  and,  therefore,  I  venture  to  say,  as  much  a  matter 
of  course,  as  in  an  officer  bravery  before  the  enemy."     In  the 

630 


AT    THE    BEDSIDE    OF    THE    SICK    AND    DYING         631 

moment  of  greatest  need  (in  articulo  mortis)  any  priest,  as  already 
stated,  can  administer  the  consolations  of  religion;  reserved 
cases  and  censures  do  not  exist.  And  every  priest  should, 
therefore,  be  solicitous  to  obtain  the  necessary  knowledge  in 
order  to  be  able  to  administer  the  holy  Sacraments  to  a  dying 
person  in  case  of  necessity.  As  visiting  the  sick  is,  of  itself, 
forbidden  to  no  one,  and,  as  St.  Alphonsus  remarks,1  "Every 
priest,  even  he  who  has  no  talent  for  preaching,  can  engage 
upon  it,  rendering  by  so  doing  the  greatest  service,  not  only 
to  the  sick  man  himself,  but  also  to  his  relations  and  friends," 
every  priest  should  acquire  a  facility  in  comforting  the  sick 
according  to  their  special  needs  and  circumstances. 

In  order,  therefore,  that  the  priest  may  effectually  assist 
the  sick  and  the  dying,  he  should,  before  he  betakes  himself  to 
the  sick-room,  observe  the  following :  — 

1.  Reflect  that  he  is  about  to  perform  a  work  of  the  greatest 
importance,  and  that  the  errors  which  he  commits  in  it  are  of 
the  worst  kind,  and  cannot,  as  a  rule,  be  remedied.2 

2.  Remember  that  in  this  most  important  work  the  help  of 
God  is  necessary  to  him ;  he  should  not,  therefore,  trust  in  him- 
self, but  wholly  in  God. 

3.  Endeavor  to  awaken  and  preserve  the  purest  and  most 
perfect  intention  possible,  the  intention  of  saving  a  soul  which 
Jesus  Christ  has  purchased  by  His  blood. 

4.  Earnestly  pray  for  the  success  of  his  work. 

5.  Study  well  what  he  has  to  do  and  to  say.  He  should  con- 
sider the  particular  manner  in  which  he  has  to  treat  the  patient 
to  whom  he  is  going;  for  he  is  undertaking  a  more  important 
work  than  preaching  a  sermon,  and  yet  he  must  prepare  for 
every  sermon.3 

6.  Learn  the  character,  the  habits,  the  circumstances,  and  the 

1  The  Priest  in  Solitude,  Div.  T.  chap.  ix.  n.  30. 

2  Rit.  Rom.  Tit.  V.  cp.  4,  n.  1 ;  S.  Alph.  Prax.  Conf.  n.  228. 
s  Rit.  Rom.  Tit.  V.  cp.  4,  n.  7. 


632  THE    MINISTER    OF    THE    SACRAMENT 

situation  of  the  sick  person,  if  he  is  not  already  in  possession  of 
this  knowledge.4 

85.   The  Confessions  of  the  Sick. 

I.   Some  preliminary  remarks. 

1 .  The  confessions  of  the  sick  and  the  dying  are  of  the  greatest 
importance,  as,  in  many  cases,  they  open  the  gates  of  heaven 
to  them,  and  prepare  them  for  the  worthy  reception  of  the  other 
Sacraments.  On  this  account  parish  priests,  and  priests  in 
general  who  have  the  care  of  souls,  are  strictly  bound  to  hear 
the  confessions  of  those  in  danger  of  death,  even  in  face  of  great 
difficulties  and  of  danger  to  their  own  lives.  The  priest  may, 
in  such  a  case,  even  interrupt  Mass  (even  during  the  Canon)  if 
no  other  priest  is  at  hand.5  Let  him,  therefore,  before  he  visits 
the  sick  person  to  hear  his  confession,  earnestly  pray  for  grace ; 
let  him  enter  upon  this  important  duty  with  zeal  and  love, 
but  also  with  great  prudence  and  judgment,  confiding  in  God, 
and  where  there  is  danger,  let  him  face  it  with  apostolic  courage. 
Let  him  not  forget  that  the  eternal  salvation  of  the  sick  person 
is  in  his  hands,  that  he  can  save  his  soul ;  but  that  this  soul  may 
also  be  lost  by  his  fault  if  his  action  is  careless,  tardy,  imprudent, 
and  faulty. 

2.  In  the  presence  of  the  sick  person,  however  the  latter  may 
be  circumstanced,  and,  however  he  may  have  lived,  the  con- 
fessor must  manifest  for  him  a  great  love  and  a  sincere  sympathy. 

4  Cf.  Polancus,  Methodus  juvandi  moribundos  ( Billing-,  1578)  ;  Scupbli, 
The  Manner  of  Comforting  the  Sick,  and  Preparing  Them  for  a  Good 
Death  (3.  Supplement  to  the  Spiritual  Combat)  ;  Carol.  Borrom.  Instruc- 
tions de  cura  et  visit,  infirm.  (Act.  Med.  pp.  595-608);  S.  Alph.  Prax. 
Conf.  nn.  227-292;  H.  A.  II.  Append. ;  Hettinger,  Herr,  den  du  liebst,  er  ist 
krank.  Wurzburg,  1851 ;  Aertnys,  Instruct,  pract.  P.  III.  cp.  5,  art.  2;  Zen- 
ner,  Instruct,  etc.  P.  II.  Sect.  II.  cp.  2,  §§  301-311;  Schuch,  §  317;  Frassi- 
netti,  a.  a.  0.2.Teil.  2.  Cap.  I.  anh.  §§  1-7;  Dubois,  The  Practical  Pastor  of 
Souls,  2.  Part,  12.  Chap.  pp.  317-336,  etc. ;  Stang,  Pastoral  Theology. 

5  S.  Alph.  Lib.  VI.  n.  351;  Be  Herdt,  Sacra?  Liturg.  praxis,  Tom.  II. 
P.  III.  n.  20,  IV. 


THE    CONFESSIONS    OF    THE    SICK  633 

3.  If  he  were  not  called  by  the  sick  person  to  hear  his  confes- 
sion, but  by  those  around  him,  or  if  he  went  unsummoned,9 
and  if  there  is  no  danger  of  death,  he  should  not  mention  confes- 
sion at  once  during  the  first  visit,  but  address  the  patient  in  a 
friendly  manner,  ask  him  sympathetically  about  his  illness, 
etc.,  as  sick  people  like  to  talk  about  these  things.  He  should 
then  admonish  him  to  resign  himself  to  the  will  of  God,  to 
unite  his  sufferings  to  the  bitter  sufferings  of  Jesus,  and  to 
bear  them  patiently  in  satisfaction  for  sin.7  In  subsequent 
visits,  he  should  gradually  prepare  him  for  confession;  ask 
him  when  he  made  his  last  confession;  remark  that  it  is 
better  to  confess  before  the  illness  increases,  because  this  will 
render  it  more  difficult;  that  the  graces  of  the  holy  Sacrament 
of  Penance  procure  for  the  soul  the  peace  which  it  desires;  that 
they  conduce  to  patience  in  suffering.  Let  the  priest  awaken 
in  the  sick  person  a  hope  that  God  will  restore  his  health,  but 
at  the  same  time,  be  careful  that  he  recognizes  the  gravity  of 
his  illness,  and  that  he  does  not  place  undue  confidence  in 
doctors  and  their  skill.  In  order  not  to  expose  the  patient 
to  the  danger  of  dying  without  the  Sacraments  by  misjudging 
the  gravity  of  the  case,  the  priest  should  ask  the  doctor  whether 
the  condition  of  the  patient  is  precarious.  The  friends  may 
also  be  privately  asked   if  the  sick   person  wishes  to  confess 

.  6  Cf.  Rit.  Rom.  1.  c.  Qjuum  primum  noverit,  quempiam  ex  fidelibus  curce 
suce  eommissis  cegrotare,  non  expectabit,  ut  ad  emu  vocetur:  sed  ultro  ail  ilium 
acceded,  idque  non  semel  tantum,  ted  scepius,  quatenus  opus  fuerit:  Iwrteturque 
Parochiales  suos.  ut  ipsum  admoneant,  quum  aliquem  in  parochia  sua  azejrotare 
contigerit,  praiciptie  si  morbus  gravior  fuerit.  The  sick  person  should,  there- 
fore, be  visited  early,  the  visit  should  lie  repeated,  but  with  discretion,  so  that 
he  may  not  be  in  any  way  inconvenienced.  Various  circumstances,  however, 
cause  patients  or  those  belonging  to  them  to  conceal  the  illness  from  the 
priest,  such  as,  fear  of  troubling  him,  the  erroneous  idea  that  his  visit  will 
entail  expense,  anxiety  lest  his  appearance  might  have  an  injurious  effect 
upon  the  patient's  condition  ;  lack  of  conscientiousness  on  the  part  of  the 
doctor,  malice,  unbelief.  In  such  cases  the  priest  must  endeavor  to  remove 
these  objections,  and  to  obtain  timely  access  to  the  sick  person. 
7  Cf.  Rit.  Roman.  1.  c. 


034  THE    MINISTER    OF    THE     SACRAMENT 

to  another  priest,   adding  that  there  would  be  no  objection 
whatever  to  his  doing  so.8 

4.  If  the  sick  person  is  a  pcccator  publicus,  living,  for  example, 
in  concubinage,  or  in  the  so-called  "civil  marriage,'7  the  con- 
fession should  not,  as  a  rule,  be  heard  before  amendment  and 
due  satisfaction  have  been  seriously  promised;  for  if  the  priest 
hears  the  confession,  and  the  person  refuses  to  fulfill  the  condi- 
tions, the  priest  will,  on  account  of  the  seal  of  the  confessional, 
be  obliged  to  allow  viaticum  and  Extreme  Unction  to  be  ad- 
ministered to  one  who  is  unworthy,  —  indeed,  perhaps  be  obliged 
to  administer  these  Sacraments  himself. 

5.  If  the  sick  person  begs  that  the  confession  may  be  deferred, 
and  if  danger  of  death,  lethargy,  or  delirium  is  not  imminent, 
this  postponement  should  be  granted,  but  the  patient  must  at 
once  fix  a  time  for  the  confession,  perhaps  on  the  same  or  the 
following  day.  The  priest  should  not  consent  to  indefinite 
postponement.  If,  however,  danger  threatens,  he  should  not 
consent  to  postponement  at  all,  but  use  all  his  efforts  to  induce 
the  patient  to  confess  at  once,  firmly  but  kindly,  and  consider- 
ately removing  all  his  objections ;  especially  pointing  out  to  him 
the  great  danger  to  which  he  exposes  himself  by  this  postpone- 
ment; as  God  has  promised  pardon  to  the  penitent  sinner, 
but  has  not  promised  to  give  him  the  next  day.9    The  confessor 

8  The  priest  should  not  forget  the  exhortation  of  the  Hit.  Rom.  :  "jEgro- 
tos  visitans  ea  ex  qua  Sacerdotes  Domini  decet  honestate  et  gravitate  se  habeat, 
nt  nan  ozgris  solum,  sed  sibi  el  domesticis  verbo  et  exemplo  prosit  ad  salutem." 
Special  care  is  necessary  in  visiting  persons  of  the  other  sex.  The  sick-room 
should  not  be  entered  without  due  notice,  the  visits  should  take  place  as 
much  as  possible  during  the  day,  and  not  be  too  frequent  nor  too  long;  the 
priest  should  avoid  being  alone ;  even  when  hearing  the  confession  the  door 
should  be  left  open,  so  that  others  can  always  see  from  a  distance  ;  certainly 
the  door  should  not  be  locked,  and  he  should  never  remain  in  the  dark,  nor 
alone  longer  than  is  unavoidably  necessary.  Everything  of  the  nature  of 
tenderness  or  sentimentality  should  be  avoided,  and  holy  decorum  and  gravity 
be  observed.  Comp.  Benger,  Pastoraltheologie,  a.  a.  O. ;  Frassinetti, 
Practical  Instruction,  chap.  2,  Appendix  I.  §  3,  nn.  353-356. 

9  S.  Aug.  Enarrat.  in  psalm.  144,  n.  11. 


THE    CONFESSIONS    OF   THE    SICK  635 

must,  therefore,  investigate  the  patient's  reasons  for  wishing 
to  postpone  his  confession.  The  real  reason  is  generally  either 
(1)  because  his  conscience  is  burdened  with  sin,  he  has  not  con- 
fessed for  a  long  time,  or  confessed  badly,  and  therefore  despairs 
of  unburdening  his  conscience,  the  task  being  above  his  strength, 
as  he  thinks;  or  (2)  because  he  has  an  obdurate  heart,  not  caring 
about  his  salvation,  or  he  so  despairs  of  his  salvation  that  he 
rejects  all  attempts  from  outside  as  useless  and  troublesome. 
The  priest  may  not  give  up  such  a  patient,  nor  leave  him  till 
the  last  moment;  he  must  pray  much,  and  cause  others  to  pray 
for  him,  endure  humiliations  cheerfully,  and  exhaust  every 
means  that  love,  zeal  for  souls,  and  wisdom  can  possibly  suggest. 

In  the  first  of  the  two  cases,  the  priest  should  offer  the  sick 
person  his  help,  and  promise  him  to  make  the  confession  quite 
easy  for  him,  telling  him  that  with  a  little  good  will,  he  will 
certainly  make  a  good  confession,  and  so  obtain  pardon,  grace, 
and  salvation.  The  inexhaustible  mercy  of  God  should  be 
especially  and  most  earnestly  impressed  upon  him;  he  should 
be  reminded  of  the  sufferings  and  death  of  Jesus  for  sinners; 
of  the  parables  of  the  prodigal  son,  the  lost  sheep,  the  joy  of  the 
angels  over  one  sinner  doing  penance,  of  the  great  examples 
of  mercy:  Peter,  Mary  Magdalen,  the  thief  on  the  cross,  etc. 

In  the  other  case  the  difficulty  is  greater,  for  it  is  indeed  dif- 
ficult to  soften  an  obdurate  heart.  Here,  fervent,  continued 
prayer  is  necessary.  Those  terrible  and  consoling  truths  which 
our  faith  supplies  so  abundantly  should,  at  suitable  intervals, 
and  with  eloquence  and  unction,  be  laid  before  him :  the  misery 
of  the  impenitent  sinner,  the  severity  of  the  divine  judgment, 
the  eternity  of  punishment,  the  happiness  of  the  sinner  recon- 
ciled to  God,  the  peace  of  the  soul  adorned  with  sanctifying 
grace,  the  eternal  joys  which  await  him,  etc.  If  all  this  does 
not  produce  upon  the  sick  person  the  desired  effect,  he  should 
be  left  to  himself  for  some  time,  in  order  that  he  may  reflect 
upon  what  he  has  heard.     In    the   meantime,  pray;   then  visit 


636  THE    MINISTER    OF    TUE    SACRAMENT 

him  again,  and  speak  to  him  again,  and  proceed  in  this  manner 
till  success  results,  or  till  an  impenitent  death  closes  an  impeni- 
tent life.10 

II.    The  confession  of  the  sick  person. 

1.  If  the  sick  person  shows  himself  ready  to  make  his  confes- 
sion, the  confessor  must  help  him  in  every  way  to  fulfill  the  con- 
ditions necessary  for  the  reception  of  the  Sacrament  of  Penance; 
thus  he  should  help  him  to  examine  his  conscience,  to  elicit 
contrition,  to  make  a  complete  confession,  and  to  perform  the 
penance. 

And  first,  as  to  the  completeness  of  the  confession,  the  peni- 
tent's condition  must  be  taken  into  consideration.  If  the 
confession  can  be  put  off  without  danger,  he  should  be  ad- 
monished to  examine  his  conscience  according  to  his  ability 
and  to  prepare  for  a  general  confession.11  If  it  cannot  be  put 
off,  or  if  the  confessor  is  under  the  necessity  of  supposing  that 
the  patient  is  not  well  able  to  make  such  an  examination  of  con- 
science, he  must  help  him.  But  he  must  be  careful  to  avoid 
worrying  him  by  asking  too  many  questions.12 

The  following  cases  deserve  special  attention :  — 

(a)  If  the  sick  person  has  lost  the  power  of  speech,  and  can 
thus  only  indicate  a  few  sins  by  signs,  or  in  some  other  way. 
In  this  case  the  priest  will  be  able  to  elicit  the  confession  of  a 
few  sins,  and  that  suffices. 

(b)  If  the  sick  person  is  so  weak  that  he  can  only  confess  a 
few  sins,  or  having  confessed  a  few,  faints,  or  seems  about  to 
faint,  or  when  the  patient  has  not  confessed  for  some  consider- 
able time,  or  invalidly,  and  the  gravity  of  the  illness  or  the  near- 
ness of  death  does  not  permit  of  postponing  the  absolution. 

(c)  When  the  confessions  of  many  dangerously  sick  or  dying 
persons  are  to  be  heard,  and  there  is  no  time  for  a  complete 
confession. 

10  S.  Alph.  Prax.  Conf.  nn.  231, 232.      "  See  §§  30,  31,  32,  General  Confession. 
12  Lugo.  1.  c.  Disp.  16,  sect.  11,  n.  598. 


THE    CONFESSIONS    OF    THE    SICK  637 

(d)  When  the  priest  has  arrived  at  the  house  of  the  sick  person 
with  the  viaticum,  and  cannot,  without  endangering  the  good 
name  of  the  sick  person,  hear  a  complete  confession.13  In  this 
case,  let  the  priest  visit  the  sick  person  as  soon  as  possible  after 
administering  the  Sacraments  and  supply  what  was  wanting. 

(e)  When  a  dangerously  sick  or  a  wounded  person,  or  mulieres 
parturientes,  require  the  assistance  of  another  even  during  the 
confession.  In  this  case,  the  sick  person  may  confess  some  sin 
of  which  he  is  not  ashamed  to  accuse  himself  before  others, 
or  the  confessor  may  ask  him  if  he  accuses  himself  of  all  the  sins 
he  has  committed,  and  repents  of  them,  because  by  them  he 
has  offended  God,  and  ask  him,  in  particular,  if  he  has  com- 
mitted this  or  that  (slight)  sin,  such  as  people  of  his  class  are 
generally  guilty  of.14  Similarly  when  the  priest  does  not  under- 
stand the  language  of  the  sick  person,  and  the  latter  confesses 
through  an  interpreter.15 

(/)  When  the  sick  person  has  a  contagious  disease,  and,  in 
the  opinion  of  experts,  there  would  be  danger  of  infection  to  the 
priest  if  the  confession  lasted  long.  Nevertheless,  the  priest 
would,  in  this  case,  do  well  to  overcome  the  fear  of  infection, 
trusting  in  God  and  making  use  of  the  necessary  precautions, 
and  be  ready  to  sacrifice  his  life  in  the  service  of  God  and  his 
neighbor. 

In  all  these  and  similar  cases,  the  patient  must  duly  repent 
of  all  grave  sins,  and  have  the  will  to  confess  the  sins  which  Y>n. 
has  omitted  if  he  is  able  to  make  a  new  confession.  Indeed, 
there  are  cases  in  which  a  purely  general  accusation  by  word  or 
sign,  or  a  request  for  absolution,  expressed  in  any  way,  suffices 
for  obtaining  absolution,  that  is,  when  no  other  means  of  confes- 
sion is  available.     Even  if  a  wish  expressed  to  others,  or  the 

13  Corap.  §  27,  S.  Alph.  Lib.  VI.  n.  260 ;  II.  Ap.  Tract.  15,  n.  24 ;  Tract. 
16,  rt.  39 ;  Gury,  1.  c.  II.  n.  498. 

14  S.  Alph.  Horn.  Ap.  Tract,  ult.  n.  46,  Prax.  Conf.  n.  105. 

15  Compare  §  27;  S.  Alph.  Lib.  VI.  n.  479. 


638  THE    MINISTER    OF    THE    SACRAMENT 

desire  for  a  priest,  can  be  regarded  as  confession  when  the  penitent 
has  become  unconscious.18 

2.  The  confessor  should  question  the  patient  so  that  he  need 
simply  answer  without  being  obliged  to  talk  much.  If  he  is  not 
well  acquainted  with  the  state  of  his  soul,  let  him  ask  the  pa- 
tient if  he  has  always  confessed  validly  (this  question  may  also 
be  put  to  all  sick  penitents),  or  if,  in  his  past  life,  he  always 
wished  to  confess  well,  if  he  ever  voluntarily  concealed  a  grave 
sin,  and  has  not  yet  confessed  it,  if  he  has  anything  else  upon  his 
conscience  which  disturbs  him.  According  to  his  character, 
and  the  state  in  which  the  confessor  finds  the  penitent,  he  should, 
moreover,  ask  if  he  still  has  in  his  possession  anything  belonging 
to  another,  or  if,  for  some  other  reason,  he  still  has  restitution 
to  make  of  property,  or  honor  and  good  name;  if  he  harbors 
hatred  and  enmity  toward  any  one;  if  he  has  ever  lived  in  a 
sinful  habit,  and  if  he  has  expiated  these  sins  in  a  general  con- 
fession. If  restitution  has  to  be  made,  and  he  can  make  it  at 
the  time,  the  duty  of  so  doing  at  once  must  be  imposed  upon 
him,  and  he  must  not  be  allowed  to  leave  this  duty  to  his  heirs  ; 
unless  the  latter  be  thoroughly  trustworthy,  the  dying  person 
believing  this  to  be  sufficient  and  not  easily  being  induced  to 
another  expedient.  If  the  restitution  cannot  at  once  take  place, 
he  must,  at  least,  have  an  actual  intention  of  making  it  as  soon 
as  possible,  and  of  taking  the  necessary  steps  toward  insuring 
its  being  made  —  either  by  a  will,  or  by  an  injunction  to  those 
belonging  to  him.17 

If  the  sick  person  is  in  a  state  of  invincible  ignorance  con- 
cerning the  duty  of  restitution,  and  if  it  is  anticipated  that  he 
will  not  be  willing  to  make  it,  or  that  great  difficulties  will 
arise,  the  confessor  ought  not  to  call  his  attention  to  this  duty, 
but  leave  him  in  his  state  of  ignorance.     For,  by  such  exhorta- 

16  See  §  86. 

1T  Cf.  S.  Alph.  Lib.  III.  n.  682;  Prax.  Conf.  n.  105;  Reuter,  n.  235.  Cf. 
211,6. 


THE    CONFESSIONS    OF    THE    SICE  639 

tion,  the  material  sin  would  become  a  formal  one,  and  the  con- 
fessor's duty  is  rather  to  guard  against  injury  to  the  soul  of  the 
penitent  than  to  ward  off  a  temporal  injury  from  a  neighbor. 
If,  however,  the  confessor  is  questioned  by  the  sick  person  con- 
cerning such  a  duty,  he  must  give  an  answer,  but  give  it  with 
such  caution  that  neither  truth  nor  justice  suffer,  and  that  the 
salvation  of  the  sick  person  be  not  imperiled.18  The  confessor 
should  then  exhort  the  sick  person  to  forgive  from  his  whole 
heart  every  one  who  has  ever  offended  him,  and  to  beg  pardon 
of  those  whom  he  has  ever  offended,  or  injured. 

3.  If  the  sick  person  is  in  a  voluntary  immediate  occasion  of 
sin,  he  must  remove  this  at  once,  or  form  a  firm  purpose  of  doing 
so  as  soon  as  possible.  Without  this  resolve,  even  in  articulo 
mortis,  absolution  could  not  be  given,  for  the  necessary  disposi- 
tions would  be  wanting.  If  there  is  no  danger  in  delay,  the  con- 
fessor must  insist,  with  inexorable  severity,  upon  the  removal 
of  this  occasion,  if  it  is  a  public  one,  and  postpone  absolution 
till  it  is  removed.19  Such  occasions  may  be  dangerous  objects, 
or  persons  whom  the  sick  man  hates,  or  a  person  with  whom 
he  maintains  sinful  intercourse.  The  latter  occasion  presents 
greater  difficulty,  and  it  is  to  be  disposed  of  according  to  the 
rules  laid  down  for  those  living  in  concubinage.  If  the  matter 
has  remained  secret,  or  is  only  known  through  confession,  and 
if  public  scandal  is  to  be  feared  from  immediate  removal  of  the 
person,  the  penitent  must  form  the  firm  purpose  either  of  marry- 
ing her,  if  no  obstacles  which  cannot  be  removed  are  in  the  way, 
or  of  dismissing  her  as  soon  as  possible,  and  till  then,  of  keeping 
her  at  a  distance  as  much  as  possible.20 

If  the  person  were  an  occasio  necessaria,  that  is,  if  the  sick 
man  had  no  one  else  to  wait  upon  him,  the  matter  becomes 

18  Cf.  S.  Alph.  Lib.  VI.  nn.  60!),  614,  616. 

19  See  §  66,  1.     Those  living  in  concubinage. 

20  S.  Alph.  Lib.  VI.  n.  454  ;  Reuter,  n.  "211,  6.  Cf.  173 ;  Gury,  Cas.  consc. 
II.  nn.  722-725;  Gaurae,  Handbook,  n.  376. 


640  THE    MINISTER    OF    THE    SACRAMENT 

still  more  difficult.  Supposing  that  the  occasio  proximo,  has 
really  lost  its  character  in  this  situation,  the  circumstances 
might  call  for  some  forbearance;  however,  if  the  matter  is 
notorious,  some  explanation  should  be  made  in  order  that  the 
scandal  caused  may  be  atoned  for;  that  is,  the  sick  man  should 
be  obliged  to  declare,  perhaps  before  witnesses,  that  he  would  dis- 
miss the  person  when  he  had  recovered  health;  but  this  declara- 
tion would  not  be  necessary  if  the  circumstances  which  make 
the  dismissal  of  the  concubine  impossible  are  publicly  known. 

This  tolerance  is  the  more  justifiable  if  the  immoral  relation- 
ship had  not  become  generally  known,  but  were  only  learnt 
through  the  confessional,  and  difficulties  stood  in  the  way  of 
contracting  the  marriage  in  extremis.  But  here  also  the  sick 
man  must  promise  that  he  will  marry,  or  dismiss  the  person 
who  is  the  occasion  of  sin  to  him,  etc.  However,  in  all  cases 
where  the  concubine  cannot  be  dismissed,  the  sick  man  must 
take  care  that  she  does  not  sleep  near  him,  that  she  only  goes 
to  him  when  it  is  necessary,  in  order  to  avoid  dangerous  intimacy 
and  temptation. 

4.  If  the  person  who  is  dangerously  ill  is  living  in  so-called 
"civil  matrimony,"  and  there  is  no  canonical  impediment,  a 
promise  to  marry  made  before  the  parish  priest  and  two  wit- 
nesses suffices,  and  the  marriage  must  take  place  as  soon  as 
possible.  If  there  is  a  canonical  impediment,  for  which  a  dispen- 
sation can  be  obtained,  let  the  confessor  induce  the  sick  man  to 
submit  himself  to  the  laws  of  the  Church.  On  this  condition 
he  may  be  absolved;  the  confessor  should  then  procure  the 
dispensation  if  the  patient  is  not  already  in  extremis.  If  he 
is  already  very  near  death,  the  bishop  can  dispense,  in  order  that 
the  marriage  may  proceed,  as  it  may,  for  many  reasons,  be 
desirable.  If  the  impediment  cannot  be  removed  by  a  dispensa- 
tion, it  suffices  that  the  sick  person  promises  to  submit  to  the 
laws  of  God  and  the  Church,  in  case  he  is  restored  to  health. 
If  he  is  not  aware  of  the  obstacle,  he  may  be  left  in  his  bona 


THE    CONFESSIONS    OF    THE    SICK  641 

fides.     If  the  matter  is  publicly  known,  the  scandal  given  must 
be  repaired. 

5.  If  a  dying  woman  has  separated  from  her  husband  on  her 
own  authority,  the  confessor  must  demand  that  the  separation 
should  be  revoked  as  soon  as  possible;  if  the  person  does  not 
wish  this,  and  there  is  canonical  ground  for  separation,  she 
must  be  left  in  peace.  If  the  reasons  are  futile,  she  must 
declare  that  she  will  resume  married  life  upon  the  restoration  of 
health  (if  occasion  requires,  she  must  make  this  declaration 
before  witnesses,  in  order  to  remedy  the  scandal  given).  If 
she  had  been  divorced  by  the  civil  court  in  bona  fide,  she  must 
not  be  disturbed.  Of  course,  the  conduct  of  the  confessor  would 
be  modified  according  as  he  had  learnt  the  matter  through 
the  confessional,  or  previously,  by  general  report.  In  the  latter 
case  the  explanations  and  promises  in  question  must  be  duly 
given  before  the  administration  of  the  Sacraments.21 

In  respect  to  sick  persons  who  have  lived  in  habitual  sin,  or 
have  frequently  or  generally  relapsed  into  the  same  grave  sin, 
see  §§67  and  68. 

6.  As  soon  as  the  confession  is  completed,  the  confessor  should 
exhort  the  sick  person  in  a  few  forcible  words,  and  awaken  in 
him  true  sorrow  and  firm  purpose  of  amendment.  The  thought 
of  death,  vividly  suggested  by  the  circumstances,  is  well  calculated 
to  move  a  man  to  a  holy  fear  and  repentance.  In  most  cases 
it  is  advisable  to  make  an  act  of  contrition  with  the  sick  person. 

7.  Then,  according  to  the  express  admonition  of  the  Roman 
Ritual,  a  slight  penance  should  be  imposed  upon  the  sick 
person,  which  can  be  performed  at  once.  The  confessor  should 
help  persons  who  are  very  ill,  and  those  who  arc  dying,  to  per- 
form the  penance  before,  or  after,  the  absolution  has  been 
administered.22 

21  Compare  Renninger-Gopfert,  Pastoraltheologie,  §100;  Miiller,  Theol. 
Mor.  Lib.  II I.  Tract.  II.  §  167. 

22  See  also  §  33,  III. 


642  THE    MINISTER    OF    THE    SACRAMENT 

8.  When  the  sick  person's  spiritual  condition  has  been  set 
in  order,  attention  must  be  paid  to  the  regulation  of  his  tem- 
poral affairs  (Is.  xxxviii.  1).  If  it  is  considered  necessary  or 
advisable,  he  should,  therefore,  be  admonished  to  put  his  worldly 
concerns  in  good  order,  if  he  has  not  yet  done  so,  that  he  may 
afterwards  occupy  himself  with  God  in  undisturbed  peace. 
But  he  must  so  regulate  everything  that  he  may  be  well  pre- 
pared for  the  account  which  he  will  be  obliged  to  render  to  God. 

III.  The  priest  very  often  finds  himself  with  sick  persons 
who  are  altogether  uneducated  and  ignorant;  or  who,  though 
well  informed  in  affairs  of  the  world,  are  very  ignorant  in  reli- 
gious matters.  Whilst  he  can  openly  instruct  the  former  class, 
he  is  often  obliged  to  disguise  his  instruction  of  the  latter 
that  they  hardly  observe  it,  so  as  not  to  offend  them  and  jeop- 
ardize the  salvation  of  their  souls.  In  this  case  he  can  give  an 
explanation  of  the  truths  of  faith  which  are  applicable:  (a)  in 
the  form  of  a  prayer  in  which  God  is  invoked;  (b)  in  the  form 
of  a  thanksgiving;  (c)  in  the  form  of  a  sacrifice,  or  (d)  in  the 
form  of  an  exhortation.  Nevertheless,  an  explicit  act  of  faith 
may  be  added.  The  confessor  should  commit  to  memory  dif- 
ferent formulae  by  means  of  which  he  can,  when  necessary, 
instruct  ignorant  patients  in  the  truths  which  they  must  know, 
and  elicit  the  acts  of  the  theological  virtues  with  them ;  he  should 
also  learn  by  heart  short  prayers  and  verses  of  Holy  Writ  which 
contain  acts  of  the  different  virtues  necessary  to  the  patient. 

9.  In  order  to  provide  more  abundantly  for  the  salvation 
of  the  sick  person,  the  zealous  priest  should  not  content  himself 
with  what  is  necessary  for  a  valid  and  fruitful  reception  of  the 
Sacrament  of  Penance,  but  should  endeavor,  in  subsequent 
visits 23  (which  should  be  repeated  oftener  as  death  approaches) : 
(1)  to  remove  all  obstacles  to  salvation;    (2)  to  counteract  the 

23  It  would  be  very  wrong  to  take  no  further  trouble  about  the  sick  after 
they  have  received  the  last  Sacraments.  Benger,  a.  a.  O.  n.  17;  Dubois, 
n.  264 ;  and  others. 


THE    CONFESSIONS    OF    THE    SICK  643 

attacks  of  the  evil  one ;    (3)  to  suggest  remedies  helpful  in  the 
dangerous  passage  to  eternity. 

(a)  Such  obstacles  to  salvation  are,  preeminently:  attach- 
ment of  life,  love  of  relatives,  and  care  for  earthly  things.  To 
remove  these,  it  is  especially  necessary  to  inform  the  sick  per- 
son, prudently,  and  at  a  suitable  time,  of  the  danger  of  death, 
at  first  by  hints,  but  later  on,  when  death  is  nearer,  openly  and 
plainly.24  Then  the  priest  must  explain  to  him  how  pleasing 
to  God  it  is,  and  what  great  merits  he  acquires  for  himself  be- 
fore God,  if  he  submits  to  His  will  and  makes  the  sacrifice  of 
his  life.  He  should  also  be  reminded  of  the  miseries  of  the  life 
which  he  is  leaving  behind,  and  of  the  joys  of  heaven  to  which 
he  is  passing;  impressing  upon  him,  moreover,  that  God  who 
takes  him  away  from  his  own  will  provide  for  them. 

(b)  Against  the  temptations  of  the  devil,  which  are  usually 
more  violent  and  numerous  in  the  hour  of  death  than  in  life, 
the  general  remedies  —  invocation  of  the  names  of  Jesus  and 
Mary,  the  sign  of  the  cross,  and  short  prayers— are  to  be  used. 
A  crucifix  and  one  or  two  religious  pictures  should  be  placed  near 
the  sick  bed.  In  temptations  against  faith,  the  patient  may 
exclaim,  "  Oh,  my  God !  I  believe  all  that  Thou,  the  eternal 
Truth,  hast  revealed!"  or  he  may  thank  God  for  the  grace  of 
the  true  faith,  and  protest  that  he  will  live  and  die  in  this  faith ; 
or,  finally,  —  and  this  is  an  excellent  proceeding,  —  reject  these 
temptations  energetically,  and  direct  his  attention  to  other 
things,  making  other  acts  —  acts  of  sorrow,  of  confidence,  of 
love  of  God,  etc.  And  should  the  temptations  continue  to 
molest  the  sick  person  more  violently,  the  motiva  credibilitatis 
may  be  explained  to  him. 

If  the  sick  person  is  tormented  by  temptations  to  despair,  the 

24  It  would  be  best  that  the  physician  should  tell  the  patient  of  this  dan- 
ger. But  if  none  else  will  do  it,  the  priest  must  perforin  this  service  of  love, 
and  that,  hot  only  when  the  patient  is  in  a  dangerous  condition  as  to  his 
soul,  but  also  when  he  is  well  prepared. 


644  THE    MINISTER    OF    THE    SACRAMENT 

priest  must  not  speak  to  him  of  the  justice  of  God,  nor  of  the 
punishments  of  the  damned,  nor  of  the  gravity  of  sin,  but  of 
the  exceedingly  great  mercy  of  God,  the  sufferings  of  Christ, 
the  divine  promises,  the  intercession  of  the  most  holy  Virgin 
and  the  saints,  and  thus  inspire  him  with  confidence. 

If,  on  account  of  great  pain,  the  sick  person  is  tempted  to 
impatience,  remind  him  -of  the  rewards  of  patiently  borne  suf- 
fering of  Our  Savior,  who  bore  with  patience  the  greatest 
torments;  of  the  example  of  the  saints,  especially  of  the  Queen 
of  martyrs;  of  the  duty  of  doing  penance  for  our  sins;  of  the 
pains  of  purgatory,  which  he  may  partly  expiate  by  patient 
endurance  of  suffering;  also  of  the  fact  that  patience  soothes 
and  lessens  pain.  As  a  remedy  against  temptations  to  hatred 
and  feelings  of  hostility  remind  him  of  the  precept  of  Christ 
to  love  all  men,  and  to  exclude  no  one,  not  even  our  enemies, 
from  this  love;  moreover,  of  the  offenses  we  commit  against 
God,  who  forgives  us  over  and  over  again ;  of  God's  promise 
to  forgive  us  if  we  forgive  others;  and,  finally,  place  before 
his  eyes  the  glorious  example  of  Jesus.25 

(c)  The  confessor  must  assist  the  sick  person  by  all  the  other 
means  which  our  holy  faith  so  abundantly  possesses,  administer 
to  him  in  due  time  the  last  Sacraments,  give  him  absolution 
repeatedly,26  and  (observing  the  precepts  of  the  Church)  fre- 
quently holy  communion;  often  suggest  fervent  ejaculatory 
prayers;  say  with  him  the  acts  of  faith,  hope,  and  charity, 
and  of  perfect  contrition  for  all  past  sins,  also  of  perfect  resigna- 
tion to  God's  holy  will;  make  him  participate  in  the  indul- 
gences of  the  Church,  give  him  general  absolution,  let  him  kiss 
the  crucifix,  sprinkle  him  with  holy  water,  etc.27  And  as  it  is 
not  certain  that  a  priest  will  be  with  the  sick  person  in  his  last 
struggle  and  equally  uncertain  that  the  patient  will  not  again 

25  S.  Alph.  Prax.  Conf.  nn.  237-253. 

26  S.  Alph.  Prax.  Conf.  n.  276,  n.  11.     See  §  86. 

™  S.  Alph.  1.  c.  nu.  234,  235 ;  267,  368.     Put.  Rom.  Tit.  V.  cp.  4,  nn.  6,  13,  14. 


ABSOLUTION    OF    THE    DYING  645 

commit  a  sin,  especially  as  the  evil  one  continues  his  tempta- 
tions till  the  last  moment,  the  priest  should  teach  him  to  elicit 
acts  of  love  and  contrition;  he  should  also  request  a  trustworthy 
person  among  those  around  the  patient  to  make  frequent  acts 
of  perfect  love  and  contrition  with  him,  especially  during  his 
agony.28 

86.   Absolution  of  the  Dying. 

.  The  general  principles  laid  down  in  the  preceding  sections 
apply  also  to  this  particular  case.  //  it  is  certain  that  any- 
thing essential  is  wanting  to  the  disposition  of  the  moribund,  abso- 
lution may  not  be  administered;  but  if  it  is  in  any  way,  even 
tenuiter,  probable,  that  everything  essential  is  present,  absolu- 
tion not  only  can  but  must  be  given.  This,  however,  is  not  to 
be  understood  as  meaning  that  there  may  not  be  cases  in  which 
absolution  can  be  given,  but  where  no  obligation  exists  under 
pain  of  sin  of  giving  it.  Most  of  the  cases  which  occur  can  be 
solved  by  the  rules  which  follow :  — 

I.  A  dying  person  who,  in  the  presence  of  the  priest,  has 
given  a  sign  of  repentance,  and  has  confessed  any  sin,  or  even 
only  in  genere  has  acknowledged  himself  to  be  a  sinner,  must  be 
absolved,  and  that,  absolute,  not  conditionate.  In  this  case  the 
presence  of  sorrow  is  sufficiently  ascertained,  and  besides  there 
is  some  sort  of  confession.     This  is  the  express  teaching  of  the 

28  With  regard  to  the  Indulgence  for  the  dying  we  append  the  following 
from  the  various  decrees:  The  sick  person  can  gain  only  once  the  Plenary 
Indulgence  for  the  dying  in  eodem  mortis  articulo.  S.  C.  End.  5  Febr.,  1841. 
And  it  is  forbidden  to  give  the  General  Absolution  more  than  once  (whether 
it  be  by  the  same  or  by  different  priests)  in  end  fin  mortis  arliculo,  or  to  grant 
the  Plenary  Indulgence  for  the  dying  repeatedly  on  tin1  plea  that  the  patient 
has  claims  to  it  from  various  titles,  for  instance,  by  membership  in  the  con- 
fraternities of  the  Rosary  and  of  the  Scapular.  S.  C.  Ind.  12  Mar.,  1855, 
22  Mar.,  1879.  The  formula  prescribed  by  Benedict  XIV  must  be  used  by 
all  under  pain  of  invalidity,  and  according  to  a  declaration  of  Leo  XIII, 
1882,  even  by  Regulars  and  Tertiaries,  yet  with  mention  of  the  founder  of 
their  Order  in  the  Conjiteor.  Compare  Sehneider-Beringer,  Die  Abl'asse,  10. 
Aufl.  S.473f. 


646  THE    MINISTER    OF    THE    SACRAMENT 

Roman  Ritual.29  The  absolution  here  bears  directe  on  the 
sins  confessed  generice  by  the  signs  of  repentance  and  the  desire 
of  absolution,  and  indirecte,  on  the  special  sins,  included  in  that 
manifestatio  doloris.  These  sins,  however,  the  penitent  must 
confess  separately  and  distinctly  when  he  has  been  restored  to 
health.30 

II.  A  dying  person  who  is  unconscious,  and  who,  by  the  testi- 
mony of  those  present,  before  he  became  unconscious,  expressed  a 
wish  to  confess,  and  showed  signs  of  repentance,  must  be  ab- 
solved. This  is  the  constant  practice  of  the  Church,  and  the 
unanimous  teaching  of  theologians.  For  the  desire  of  receiving 
sacramental  absolution,  whether  this  is  made  known  to  the 
priest  directly,  or  indirectly,  through  witnesses,  includes  a  con- 
fessio  in  genere.  Although  moralists  31  teach  that  in  this  case 
also  absolution  may  be  given  absolute,  and  the  Roman  Ritual 
directs  simply:  "absolvendus  est,"  it  seems,  nevertheless,  safer 
to  follow  the  opinion  of  those 32  who  require  that  the  absolution 
be  given  conditionally,  at  least  when  it  may  be  prudently  doubted 
whether  any  indication  of  sorrow  was  really  given,  especially  if 
the  dying  person  is  a  homo  rudis.     Absolution  must  also  be  given 

-  but  conditionally  —  if  there  is  aliqua  probabilitas  doloris  et 
desiderii  confessionis. 

III.  According  to  the  sententia  communis  et  probabilis,  absolu- 
tion sub  conditione  MAY  be  and  MUST  be  given  to  a  dying 
person  who  has  shown  no  sign  of  repentance,  and  of  whom  no  wit- 
ness has  reported  such  sign  to  the  absent  priest,  and  in  whom  the 
priest,   moreover,  cannot  detect  any  such  sign;    provided  the 

29  Ordo  ministrandi  Sacr.  Poen.  n.  24. 

80  Cf.  Aertnys,  Theol.  Mor.  Lib.  VI.  Tract,  V.  n.  196,  Q.  1;  Lehmkuhl, 
Theol.  Mor.  I.e.  Sect.  III.  art.  IV.  n.  510;  Muller,  Theol.  Mor.  Lib.  III. 
T.  II.  §  166. 

31  Lehmkuhl,  1.  c,  who,  however,  adds  :  "  Attamen  culpandus  non  est,  qui 
forte  conditionem  "  si  capax  es  "  adjungat,  quum  possint  occurrere  circumstantue, 
i/utr  absolutionis  valorem  dubium  reddant." 

82  Aertnys,  1.  c,  S.  Antoninus,  Suarez,  Bonacina,  etc.  Muller,  also,  recom- 
mends the  absol.  condit. 


ABSOLUTION    OF    THE    DYING  647 

dying  person  is  a  Catholic.  That  he  should  have  lived  a  pious 
life  is  not  necessary;  it  is  also  applicable  to  one  who  has  not 
lived  very  piously,  and  may  be  extended  to  all  concerning  whose 
indisposition  there  is  no  certainty;  for  it  may  bo  presumed  that 
in  their  dangerous  condition  they  would  wish  to  receive  the 
Sacrament. 

The  whole  difficulty  in  this  and  the  following  cases  is  —  how, 
without  express  manifestation  of  sorrow,  and  desire  of  absolu- 
tion, the  essential  elements  of  the  Sacrament  of  Penance  can  be 
supposed  with  some  degree  of  probability  to  exist.  I  say,  with 
some  degree  of  probability,  for  it  is  not  necessary  to  prove  that 
these  essential  elements  are  certainly  and  positively  present;  it 
suffices  to  show  that  some  probability  (slight  though  it  be) 
exists  for  the  supposition  that  the  essential  elements  of  the 
Sacrament  are  realized. 

In  order  that  absolution  may  be  administered,  there  is  re- 
quired: (1)  a  probable  conjecture  that  the  dying  person  has 
interior  sorrow;  (2)  some  outward  manifestation  which,  with 
some  degree  of  probability,  may  be  regarded  as  a  manifestation 
of  inward  sorrow,  and  (3)  some  outward  sign,  which,  with  some 
probability,  can  be  understood  as  an  accusation,  if  only  a  gen- 
eral one. 

The  question  now  is  to  what  extent  can  we  find  these  three 
things  in  a  dying  person  deprived  of  the  use  of  his  senses,  who 
neither  gives  perceptible  signs  himself,  nor  has  previously  given 
them  to  others? 

Many  theologians  appeal  to  such  signs  as  anxious  breathing, 
sighing,  winking  of  the  eyes,  various  movements  of  the  mouth, 
by  means  of  which  the  dying  person  "perhaps"  wishes  to  mani- 
fest his  sorrow  and  his  desire  of  absolution.  For,  frequently, 
those  who  appear  to  be  unconscious  are  only  deprived  of  the 
exterior  use  of  their  senses ;  they  perceive  and  understand  every- 
thing, think,  reflect,  are  also  capable  of  sorrow,  etc.,  as  many 
declare,  who  have  been  in  a  similar  state.     As  a  man  is  more 


648  THE    MINISTER    OF    THE    SACRAMENT 

withdrawn  from  the  outer  world,  the  more  active  is  his  inner 
life.  In  the  case  of  dying  persons  who  have  led  Christian  lives, 
who  are  mindful  of  their  sins,  and  do  not  easily  deceive  them- 
selves as  to  their  situation,  who  know  that  the  decision  of  their 
eternity  is  near  at  hand,  as  they  will  soon  stand  before  their 
Judge  —  it  is  readily  to  be  understood  that  they  should  make 
attempts  to  reveal  outwardly  their  interior  sorrow,  and,  there- 
fore (the  only  conceivable  course  in  a  Catholic),  their  desire  for 
the  absolution  of  the  priest.33  Even  if  such  signs  are  of  them- 
selves no  natural  indication  of  repentance,  we  may  assume  that 
the  dying  person  wishes  to  make  use  of  them  for  said  purpose 
(which  at  the  time  is  to  him  of  supreme  importance),  as  he  cannot 
reveal  himself  in  any  other  way.  This  is  the  teaching  of  St. 
Augustine,  of  St.  Antonin,  of  St.  Alphonsus  Liguori,  of  Sporer, 
Elbel,  the  Salmanticenses,  Tamburini,  Lacroix,  Aertnys,  Muller, 
Gury,  Konings,  and  others.  The  specified  signs  may,  therefore, 
be  regarded  as  manifestations  of  sorrow  and  desire  of  absolution. 
Now,  it  is  allowed,  in  urgente  necessitate,  to  administer  the  Sacra- 
ments sub  conditione,  however  doubtful  the  matter  may  be,  as, 
on  the  one  hand,  the  reverence  due  to  the  Sacrament  is  pre- 
served by  the  appended  condition,  and  on  the  other  hand  the 
salvation  of  a  soul  is  also  provided  for.  When,  therefore,  the 
priest  can  administer  the  Sacraments,  he  is  bound  to  administer 
them  sub  gravi  peccato.3*  He  must,  however,  repeat  to  the  dying 
person  in  a  few  words  and  in  a  loud  voice  a  general  accusation 
and  an  earnest  act  of  contrition,  as  experience  shows  that  the 
sense  of  hearing  generally  remains  till  death. 

83  u  ]\forallter  jieri  nequit  in  hac  nostra  natura  composita,  ut  dolor  et  desi- 
derium,  se  subjiciendi  clavibus  Ecclesia,  once  interne  habentur,  nullo  actu  sensibili 
se  manifestent,  licet  ab  aliis  forte  non  animadvertatur,  vel  quia  prozsentes  non  sunt 
vel  quia  signa  non  valent  distinguere.  Hinc  sicut  in  moribundo  sensibus  destituto 
potest  prcesumi  poenitentia,  ita  pari  omnino  jure  pr&sumitur  poznitentia  manifes- 
tata  in  ordine  ad  se  subjiciendum  clavibus." —  Franzelin,  De  Sacr.  in  genere. 
Romse,  1868,  p.  39. 

34  S.  Alph.  Lib.  VI.  n.  482;  Aertnys,  1.  c.  n.  196,  Q.  3;  Muller,  1.  c. 
§166,  IT. 


ABSOLUTION    OF    THE    DYING  649 

Other  theologians  thought  to  solve  the  difficulty  more  satis- 
factorily by  the  doctrine  that  the  actus  pamitentis  were  not  mate- 
ria sacramentorum  ex  qua,  but  materia  circa  quam.  But  this,  of 
itself,  does  not  contribute  anything  to  the  solution  of  the  diffi- 
culty. For  even  the  theologians  who,  following  the  teaching  of 
Scotus,  consider  the  actus  pwnitentis  as  materia  circa  quam, 
demand  an  outward  manijestation  as  an  essential  condition  of  the 
validity  of  the  Sacrament. 

There  may,  however,  be  cases  in  which  an  anxia  respiratio, 
gemitus,  etc.,  is  not  perceived.  Some  other  probable  marks  of 
sorrow  and  of  accusation  must  then  be  sought.  Lehmkuhl 
proposes  the  following :  — 

A.  As  far  as  the  interior  sorrow  is  concerned,  we  can  and 
must  presume  that  it  exists;  we  shall,  at  least,  never  have  a 
certitude  that  it  is  wanting.  Persons  who  seemed  to  be  deprived 
of  their  senses,  or  really  were  so,  and  have  afterwards  recovered 
their  use,  have  declared  that  in  their  anxiety  they  elicited  sor- 
row for  their  sins,  although  they  could  not  give  outward  expres- 
sion of  it ;  and  there  is  no  reason  why  this  could  not  also  be  true 
even  of  those  unfortunate  ones  who  have  laid  violent  hands  on 
themselves,  or  who  in  the  act  of  committing  any  other  sin  have 
lost  consciousness.  This  sorrow  must,  of  course,  be  awakened 
after  the  last  mortal  sin,  and  must  extend  to  all  mortal  sins  not 
yet  remitted.  We  must  assume  that  these  conditions  exist,  or 
are  not  certainly  wanting,  especially  as  God  never  refuses  suffi- 
cient grace  to  any  one,  and  desires  and  wills,  not  the  death  of 
the  sinner,  but  his  conversion. 

B.  We  need  not  insist  that  the  manifestation  of  sorrow  should 
necessarily  be  the  expression  of  that  sorrow  which  is  an  essential 
disposition.  It  seems  to  be  sufficient  that  the  penitent  indicates 
that  he  either  has  had  the  necessary  sorrow,  or  will  have  it 
before  the  absolution,  or  wishes  to  have  it.  But  this  is  implicit'1 
contained  in  the  manifestation  of  a  desire  for  absolution  and,  in 
reality,  always  coexists  with  it.     This  manifestation  of  the  de- 


650  THE    MINISTER    OF    THE    SACRAMENT 

sire  for  absolution  also  contains,  equivalently,  the  third  element, 
a  virtual  accusation.  We  can,  therefore,  deal  with  the  two 
requisites  at  the  same  time. 

C.  The  accusatio  aliqualis,  which  is  indispensable,  is  conveyed 
by  the  fact  that  the  man  gives  outward  evidence  of  his  wish  to 
be  reconciled  to  God  in  the  last  moment  by  the  services  of  the 
priest,  for  he  thereby  acknowledges  to  be  a  sinner,  and  that  in 
view  of  the  priestly  functions  which  are  to  be  exercised  at  the 
moment  of  his  death. 

Moreover,  by  the  fact  that  the  man  has  lived  as  a  Christian, 
he  seems  to  indicate  sufficiently  his  desire  of  being  reconciled 
to  God  in  the  last  hour  of  his  life  through  the  ministry  of  a 
priest.  He  thus,  in  truth,  makes  a  general,  public  confession 
before  the  whole  Church  and  all  priests  by  whom  he  can  be  ab- 
solved. All  the  Sacraments  which  he  has  received,  all  the  Chris- 
tian virtues  which  he  has  practiced,  could  be  regarded  as 
witnesses  of  his  desire  for  absolution  in  the  hour  of  death.  Nor  is 
a  similar  manifestation  of  this  desire  altogether  wanting  in  those 
whose  lives  have  been  considerably  below  a  Christian  ideal,  or 
who  were  deprived  of  consciousness  in  the  act  of  sinning;  for, 
by  remaining  in  the  Church,  they  show  that  they  hoped  and 
desired  to  be  reconciled  at  the  hour  of  death.  But  it  might  be 
objected :  is  not  this  desire  interrupted  and  revoked  by  the  mor- 
tal sin  ?  If  this  were  the  case,  our  action  would,  of  course,  be 
in  vain ;  for,  whilst  absolution  in  such  case  would  be  valid  for 
him  who  does  not  need  it,  because  he  has  committed  no  mor- 
tal sin,  yet  for  him  who  does  need  it,  it  would  have  no  validity. 
However,  we  may  answer :  The  sorrow,  in  as  far  as  it  is  a  nec- 
essary disposition,  is  revoked  and  interrupted,  but  the  man's 
declaration  that  he  wishes  to  have  contrition  at  this  'time  and 
desires  absolution,  is  not  repealed.  We  admit  that  the  case 
is  hopeless,  unless  interior  and  true  sorrow  is  present.  The 
validity  of  the  absolution  remains,  therefore,  very  doubtful. 
Nevertheless,  that  is  not  the  point.     That  sorrow  is  "perhaps" 


ABSOLUTION    OF    T11E    DYING  651 

present,  we  are  justified  in  assuming,  and  it  is,  therefore,  allowed 
to  give  absolution;  it  may  possibly  impart  to  the  man  who  has 
only  imperfect  sorrow  sanctifying  grace  and  eternal  life.  That 
the  sorrow  should  coexist  with  the  absolution  is  certainly  not 
necessary.35 

IV.  In  accordance  with  our  previous  inference,  a  dying  per- 
son, who,  up  to  the  moment  of  his  coma,  refused  to  receive  the 
Sacraments  and  rejected  the  priest,  may  not  be  absolved,  as  it 
cannot  be  presumed  that  he  had  the  will  to  receive  absolution. 
To  be  able  to  absolve  such  a  one  we  must  discover  some  sign 
which  we  may  construe  as  indicating  (according  to  Lehmkuhl, 
n.  515)  a  change  in  his  sentiments;  for  example,  pressure  of  the 
hand,  a  look,  sighing,  etc.  If  there  is  any  indication  of  the 
kind,  however  doubtful,  conditional  absolution  may  be  given. 

V.  A  dying  person  who  was  deprived  of  his  senses  in  actu  pec- 
cati,  for  example,  in  adultery,  a  duel,  drunkenness,  can  be  ab- 
solved sub  conditione,  if  he  is  a  Catholic,  and  that  on  the  same 
grounds  as  we  have  specified  above  (n.  III).  For  of  a  Catholic 
it  may  be  presumed  that,  in  this  utmost  danger  of  eternal  dam- 
nation, and  under  the  influence  of  divine  grace,  which  never  will 
be  refused  —  he  desires  to  secure  his  eternal  salvation. 

A  non-Catholic  in  this  situation  may  not  be  absolved,  even 
though  he  has  given  signs  of  sorrow,  unless  he  has  expressly 
asked  for  absolution;  for  it  cannot  be  reasonably  supposed 
that  he  has  given  these  signs  in  ordine  ad  confessionem  sacram, 
as  he  does  not  believe  in  it,  and,  on  this  account,  the  materia 
Sacramenti  would  certainly  be  wanting.  It  may  thus  be  main- 
tained that  to  scarcely  any  dying  Catholic  MUST  absolution  be 
refused,  and  that  to  all  dying  Catholics  it  MAY  be  given,  at 
least  sub  conditione. 

We  arrive  at  a  different  decision  and  must  pursue  another 
course  with  regard  to  a  Catholic,  who,  being  born  and  brought 

35  Lehmkuhl,  1.  c.  un.  512-515  ;  Lacroix,  Lib.  VI.  P.  II.  n.  1162  ;  Ballerini, 
Op.  Theol.  Mor.  1.  c.  cp.  I.  De  absolution)  morientium,  nn.  394-420. 


652  TIIE    MINISTER    OF    THE    SACRAMENT 

up  in  the  Catholic  religion,  has  apostatized  and  embraced 
heresy. 

VI.  A  heretic,  who  is  deprived  of  his  senses,  but  who,  while 
he  was  in  health,  manifested  an  inclination  towards  the  Catholic 
religion,  may,  in  this  decisive  moment,  be  absolved  sub  condi- 
tione  from  censures  and  sins  if  he  has  already  been  baptized  in 
his  sect ;  if  doubt  is  entertained  as  to  the  validity  of  his  Baptism, 
he  must,  previously,  be  baptized  sub  conditione.  It  may  be 
presumed  of  such  a  one  that  he  wishes  to  close  his  life  in  the 
community  of  the  true  Church  of  Christ.  Indeed,  as  Lehmkuhl 
adds,  one  might  also  give  conditional  absolution  to  a  baptized 
non-Catholic  of  whom  it  might  be  presumed,  upon  any  probable 
ground,  that  he  is  in  bona  fide  and  would  gladly  accept  the  help 
of  a  priest  if  he  knew  it  was  necessary  to  him. 

In  such  a  case  it  is,  of  course,  more  difficult  to  produce  any- 
thing out  of  the  past  life  which  can,  in  any  way,  be  construed 
as  a  confession,  and  a  desire  for  absolution,  because  he  has  not 
explicite  thought  of  absolution,  unless  we  are  to  be  content  with 
the  man's  bona  fides,  "quam  probabiliter  adesse  seu  adfuisse, 
externe  sit  mantfestatum."  For,  if  to  this  bona  fides,  sorrow  has 
been  added, — and  it  is  not  certain  that  it  has  not  been  added, — 
it  seems  that  there  is,  implicite,  the  manifested  desire  to  partici- 
pate in  those  remedies  which  are  necessary,  and,  therefore,  in 
the  absolution  of  the  priest.36  If  we  have  here,  with  Ballerini, 
Lehmkuhl,  and  Aertnys,  proceeded  to  the  utmost  limits,  and  if 
the  arguments  in  favor  of  this  extreme  liberality  in  the  admin- 
istration of  absolution  are  not  always  cogent,  let  us  not  be 
accused  of  laxity  or  of  any  want  of  reverence  for  the  holy  Sac- 
rament of  Penance.    Such  liberality  seems  to  have  been  fully 

86  Cf.  Aertnys,  1.  c.  n.  196,  Q.  IV  et  V,  Miiller,  1.  c.  §  166,  II.  b  and  c, 
and  his  dissertation  upon  the  sacramental  absolution  of  the  dying  in  the 
Linzer  Theol-prakt.  Quartalschrift,  1884,  pp.  259-264;  Kenrick,  Theol.  Mor. 
Tract.  18,  n.  211 ;  Konings,  Theol.  Mor.  II.  n.  1371.  Concerning  dying 
non-Catholics  who  are  still  conscious,  see  §  73  (Conclusion). 


ABSOLUTION    OF    THE    DYING  653 

intended  by  Him,  "  Who  came  to  seek  and  to  save  that  which 
was  lost,"  and  who  wishes  not  the  death  but  the  life  of  the 
sinner,  who  opened  the  gates  of  paradise  even  to  the  thief  on 
the  cross,  and  who  has  placed  the  keys  of  heaven  in  our  hands. 
We  safeguard  the  sanctity  of  the  holy  Sacrament  by  adding  the 
condition,  and  the  Lord  instituted  His  Sacraments  for  man;  "in 
extremis  autem  extrema  tentanda  sunt.11 

We  may  repeatedly  administer  absolution  to  the  dying  when 
the  conditions  necessary  for  its  validity  are  fulfilled.  The  fol- 
lowing rules  are  of  service :  — 

1 .  If  the  dying  person  gives  to  the  priest  who  is  present  un- 
doubted signs  of  a  contrite  disposition,  it  is  advisable  to  admin- 
ister absolution  to  him  as  often  as  he  renews  these  signs.37 

2.  If  the  dying  person  is  unconscious,  one  may  administer 
conditional  absolution  to  him  two  or  three  times,  with  an  inter- 
val of  about  three  or  four  hours.  For,  in  order  that  a  Sacrament 
may  be  administered  conditionally,  a  causa  gravis  is  necessary, 
which  could  not  exist  if  the  absolution  were  administered  at 
shorter  intervals  and  more  frequently.  If  the  state  of  uncon- 
sciousness should  continue,  and  there  is  actual  danger  of  death, 
absolution  may  be  frequently  repeated;  for  example,  three  or 
four  times  in  a  day.38  This  proceeding  is  justified  by  the  en- 
deavor to  give  more  certain  and  efficacious  assistance  to  the 
dying  person. 

Such  efforts  in  behalf  of  the  dying  person  demand  great  zeal, 
but,  as  Elbel  rightly  says,39  they  are  very  praiseworthy,  and  form 
part  of  our  holy  office.  Our  divine  Redeemer  deposited  His 
graces  in  the  hands  of  His  priests;  faithful  to  their  calling  they 
will,  with  the  greatest  zeal,  dispense  these  graces  to  those  who 
are  worthy  and  in  need  of  them. 

87  S.  Alph.  Lib.  VI.  n.  480. 

as  S.  Alph.  Lib.  VI.  n.  482;  Prax.  Conf.  n.  276;  H.  Ap.  n.  37;  Aertnys, 
1.  c.  n.  196,  Q.  VI;  Miiller,  1.  c.  §  168. 

39  De  Sacram.  Poenit.  Conf.  VIII.  n.  219.     Cf.  S.  Alph.  Prax.  Conf.  n.  276. 


654  THE    MINISTER    OF    THE    SACRAMENT 

"  Fratres  charissimi,  munus  quod  in  E celesta  Dei  geritis  plane 
eximium  est;  enimvero  tantam  vobis  Christus  ad  judicandas  ani- 
mas  auctoritatem  elargitus  est,  ut  sententice  a  vobis  in  terris  juste 
prolatce,  rata:  habeantur  in  ccelis.  Ora  vestra  canales  esse  mysticos 
dico,  per  quos  vera  de  coelo  pax  in  hotnines  bona'  voluntatis  descen- 
dit.  Verba  oris  vestri  tubce  sunt  magni  Jesu,  qua?  muros  iniqui- 
tatis  seu  mysticce  Jericho  evertunt." 

(Ex  monitis  S.  Francisci  Salesii  Ep.  et  Eccl.  Doct.  ad  Con- 
fessarios.) 


TOPICAL  INDEX 


\bortionists,  excommunicated,  339. 
"About"  as  a  numerical  qualifica- 
tion of  sin,  163. 
Absence  of   penitent  when  absolu- 
tion is  given  (note),  57. 
of  contrition,  how  known,  120. 
Absolution,  form  of,  50-53. 
from  censures,  54. 
presence  of  penitent  for,  55. 
in  writing,  56. 
conditional,  59-69,  645. 
objections    urged    against    condi- 
tional, 66-69. 
given  at  a  distance,  58. 
by  telephone  (note),  59. 
from  reserved  sins,  340-350. 
direct  and  indirect,  345. 
of  complex  in  peccato  turpi,  354- 

363. 
of  those  who  refuse  to  denounce 

a  sollicitans ,  375. 
postponement  of,  529. 
to  the  dying,  645-654. 
repeated  in  cases  of  the  dying,  653. 
Absolventes     complicem     in     peccato 

turpi,  333. 
Abuse  of  the  sacrament,  351. 
Apostates,  excommunicated,  328. 
Apostolicce  Sedis,  bull  on  censures, 

326. 
Appeal   to  secular   judge   in  eccle- 
siastical cases,  332. 
Appreciative  sorrow  for  sin,  108. 
Approbation  of  confessors,  279-283. 
for  hearing  confessions  of  nuns, 
311. 


Articulus   mortis,   removes  reserva- 
tion, 347. 
Attritio,  74,  88-98. 
Attritionists,  teaching  of,  96. 
Avarice,  remedies  of,  456. 

B 

Bad  confessions,  391,  394. 
Banns,   dispensation  from,  604. 
Baptism,  sins  before,  39. 

sins  after,  doubtfully  valid,  190. 

of  converts,  558. 
Betrothals,  592. 
Blessing  before  confession,  53. 
Bona  fide  penitents,  443. 
Books,  ex  projesso  bad,  512. 

on  the  Index  (note),  331. 

reading  of  good,  580. 


Careless  examination  of  conscience, 
signs  of,  220. 

Cases  reserved,  316,  327. 

Casuistry,     study     of,     necessary, 
432. 

Catholics,   dying,   as  a   rule   to   be 
absolved,  651. 

Censures,   absolution   from,   54. 
reserved,  326. 

Certain    and    doubtful    matter    for 
absolution,  40. 

Change  of  penance,  275. 

Child,   age  of,   for  receiving  sacra- 
ments, 25. 

Children's   confessions,   how   to   be 
heard,  561. 

Choice  of  state  of  life,  583. 


655 


656 


TOPICAL    INDEX 


Circumstances   of   sins   to   be   con- 
fessed, 166-180. 
changing  venial  into  mortal,  173. 
Circumstantice  aggravantes,  174. 

speciem  mutantes,  175. 
Civil  government  pastors,  335. 

marriages,  607,  640. 
Clandestine  marriages,  impediment 

of,  607. 
Classification  of  sins  (note),  158. 
Commerce,    missionaries    forbidden 

to  engage  in,  338. 
Communicatio  in  sacris,  by  clerics, 
338. 
mixed  marriages,  600,  603. 
Communion,  frequent,  453. 
Communion,    frequent,     for    young 

unmarried  people,  577. 
Commutation  of  penance,  274-276. 
Company-keeping  of  young  people, 

592. 
Complete,  sin  to  be  reserved  must 

be,  324. 
Completeness  of  confession,  158,  198. 
reasons  excusing  from,  200,  203. 
Complex  absolvens,  excommunicated, 

333. 
Complex   in    peccato    turpi,    absolu- 
tion of,  354. 
inquiring  the  name  of,  unlawful, 
351. 
Concealing  sins,  habit  of,  391,  394. 
Concina,     favors      rigorous     views 

(note),  65. 
Concubinage,  501. 
Conditio  de  prcesenti  et  de  prceterito, 

62. 
Conditional  absolution,  59-69. 
Conditions    placed    in    mixed    mar- 
riages, 601. 
Conjessio  ficta  ex  pravo  fine,  367. 
Confession,  annual,  24,  26. 
necessity  of,  137. 
in  writing,  151. 
of  children,  561. 
of  women,  608. 
Confessor,  regular,  145-148 


of  religious,  308,  309. 

of  nuns,  311. 
Confirmation,  blots  out  venial  sin, 

34. 
Conscience,  examination  of,  215. 

erroneous,  568. 
Constituent  parts  of  penance,  37. 
Contracting  marriage  before  Protes- 
tant minister,  603. 
Contrition,   19,  36. 

extent  and  efficacy  of,  71. 

perfect  and  imperfect,  74,  88-98. 

qualities  of,  98-111. 

motives  of,   105. 

in  children,  570. 
Converts,  treatment  of,  555. 

baptism  of,  558. 

D 

Damnificator  injustus,  confessor  as. 
464. 

Dancing,  506. 

Danger  to  life  of  confessor,  201. 

Dangerous  intimacies,  514-518,  592. 

Deaf  penitents,  202. 

Death,  danger  of,  65,  645. 

Debitum  conjugate,  questions  con- 
cerning,  387,   599. 

Defenders  of  heretics,  329,  331. 

Deferring  absolution,  duty  of,  407, 
411,  413. 

Deficient  jurisdiction,  300. 

Definite  matter  for  absolution,  48. 

Deinde,  in  the  form  of  absolution 
(note),  55. 

Delegated  jurisdiction  not  to  be 
presumed,   288-290 

Denouncing  the  sollicitans,  372. 

Deprecatoria  forma,  not  in  use  in 
Latin  Church,  55. 

Desire  of  pleasing  in  women,  579. 

Despair,  temptation  to,  in  the  dying, 
643. 

Different  spiritual  conditions,  peni- 
tents in,  487. 

Diligentia  moralis,  required  in  exam- 
ining conscience,  215. 


TOPICAL    INDEX 


657 


Direct  and  indirect  absolution,  345. 

remission  of  sin,  41. 
Discretion  in  penitent,   145. 

in  imposing  penance,  270. 

in  questioning  the  penitent,  383. 
Disparitas  cultus,  impediment  of,  GOO. 
Disposition  of  penitents,  49,  398. 
Distance,  absolution  given  at  a,  58. 
Distracted  confessor  (note),  397. 
Doctoris   munus    in   the  sacrament, 

438. 
Dogmatic   theology,   knowledge   of, 

428. 
Dolor  inteUectivus,  not  contrition,  72. 

in  fieri  et  in  facto  esse,  112. 
Doubt  of  jurisdiction,  64. 

disposition,  49,  65,  402,  412. 
Doubtful  matter  for  absolution,  40. 

sins  to  be  confessed,  180. 
Duellists,  336. 

Duty    of     denouncing     the    confes- 
sarius  soilicitans,  368-371. 

confessor  to  dispose  penitent,  402. 
Dying     penitents     doubtfully     dis- 
posed, 409. 

ministry  of  confessor  to  the,  630- 
632,  645. 

penitents,  in  the  act  of  sin,  651. 

E 

Effects  of  perfect  contrition,  81. 

sins,  evil,  161. 
Efficacious  resolution,    131. 
Efficacy  of  contrition,  71. 
Efficax  affectu,  131. 

executione,  131. 
Engaged  people,  how  to  treat,  592. 
Engagements    of   marriage,    pastors 

not  to  meddle  in  (note),  591. 
Envy,  remedies  of,  457. 
I^pikeia,  445. 

Error  communis,  about  jurisdiction, 
302. 

privatus,  about  jurisdiction,  302. 
Errors  committed  by  confessor,  460. 
Essential  form  of  sacrament,  50. 
Eucharist  removes  venial  sin,  33. 


Examination  of  conscience,  215-221, 
452. 
for  children,  565. 
Excommunication     by    neglect    of 
annual  confession,  28. 
reserved  to  the  Pope,  327. 
latce  sententice,  335. 
reserved  to  the  ordinary,  339. 
Excommunicationes    non    reservata, 

339. 
Excusing,    reasons,    from    complete 

confession,  198. 
Exempted  from  going  to  Rome  in 

reserved  cases,  346. 
Exhorting    the    penitent,    duty    of, 

438. 
Experience    not    a    substitute    for 

science,  432. 
Extraordinary    confessors   of   nuns, 
313-315. 
jurisdiction,  300. 


Facultas  absolvendi  a  censuris,  604. 
Faith    (implicit)    essential    for    con- 
trition, 73,  102. 
Faults  peculiar  to  youth,  578 
Fear  as  an  element  of  attrition,  90. 

of  relapse,  130. 
Fenians  excommunicated,  336. 
Ficta  confessio  ex  pravo  fine,  367. 
Forbidden  books,  512. 
Forgotten  penance,  277. 

sins,  116,  195. 

reservation,  348. 
Form  of  sacrament,  50. 

essential,  50,  51. 

sufficient,  52. 
Formal  heresy,  328. 
Freemasons  excommunicated,  336. 
Free  matter  of  confession,  45. 
Frequent  confession,  28. 

communion,  453. 

G 

General   accusation,  44. 
confession,  228-236. 


658 


TOPICAL    INDEX 


manner  of  hearing  a,  238. 
plan  for  making  a,  245-255. 
Good    works    blot    out    venial    sin, 

36. 
Gousset,  Cardinal,   defends    St.    Al- 
phonsus,  68. 

fl 

Habitual  sinners,  518-520. 
Hearing    words    of    absolution    not 

essential,  56. 
Heretics  excommunicated,  328. 
Hypocritical  penitents,  543-545. 


Ignorance  of  reservation,  324 

Ignorant  penitents,    185.  439,  441, 
447,  642. 

Impediment,    occult,    in    marriage, 
597. 

Imperfect  contrition,   88-98. 

Imposition  of  penance,  256. 

Impurity,  remedies  against,  457. 
habit  of,  in  children,  572. 

Index  of  forbidden  books  (note),  331. 

Indications  of  true  sorrow  for  sin, 
119. 

Indirect   violation   of  the   sigillum, 
477. 

Indulgentiam  in  the  form  of  absolu- 
tion, 53. 

Inquiring  the  name  of  accomplice, 
351. 

Insincere  confessions,  394. 
of  children,  567. 

Institution  of  penance,  22. 

Instruction  of  children,  25,  569. 
penitents,  438. 
those  about  to  be  married,  591. 

Integrity  of  confession,   153. 

Intemperance,  remedy  against,  457. 

Interdict,  340. 

Intimacies,  dangerous,  514. 

Invalid  confessions,  222. 

absolution  in  reserved  cases,  348. 

Invincible  ignorance,  442. 


Jansenist    teaching    about    amend- 
ment, 128. 
Judge,  the  confessor  as,  379. 
Judging  of  child's  disposition,  574. 

of  penitent's  disposition,  398. 
Judicial  power  and  process  20. 
Jurisdictio  dubia,  303. 

in  articulo  mortis,  305. 
Jurisdiction  of  confessors,  279-283. 

delegated,  288. 

directly   limited    by   reservation, 
325. 

K 

Knowledge    of    sins    requisite    for 
absolution,  226,  379. 
necessary,  of  the  confessor,  424. 


Lodsio  sigilli,  danger  of,  204,  466-476. 
Lex  disciplinaris,  reservation  a,  325. 
Libri  erotici,  512. 
Librorum  Index,  331. 
Lies  told  in  confession,  141,  143,  571. 
Long   marriage-engagements,   594. 
Love,  degrees  of,  in  contrition,  76. 
of  pleasure  in  youth,  578. 

M 

Mains  effectus  peccaii,  whether  to  be 

confessed,  162. 
Marriage,  instruction  for,  600. 
secret,  502. 
vocation  to,  590. 
mixed,  600. 

before  Protestant  minister,  603. 
Married  people,  confessions  of  young, 

599. 
Materia    proximo,    remota,    ex    qua, 

circa  quam,  39,  40,  112. 
Matrimonium  secretum,  502. 
Matrimony,  destroys  venial  sin,  34. 

call  to,  590. 
Matter  of  sacrament,    37,  40,   112, 

197. 
Medlcinalis  poena,  reservation  a,  325. 


TOPICAL    INDEX 


659 


Members     of     religious     orders     as 

penitents,  307. 
Men,  confessions  of,  614. 
Mildness  in  giving  penances,  263. 
Minister  of  sacrament,  279,  37S. 

Protestant,   contracting  marriage 
before,  603. 
Misereatur  in  absolution,  35. 
Mistakes  of  confessor,  421. 
Mixed  marriages,  600,  602. 
Mixta  religionis,   impediment,   603. 
Moral  theology,  study  of,  427. 
Mortalia  negative  dubia,  184. 
Mothers,  confessor's  care  of,  613. 
Motives  of  contrition,  103. 
Mulieres  devotee,  422,  610. 

parturientes,  637. 
Munus  doctoris,  438. 

N 

Name  of  accomplice  not  to  be  asked, 

351. 
Natural  inclinations  to  be  repressed, 

421. 
Necessary  matter  of  penance,  40. 
qualities  of  contrition,  98-111. 
Nemo  malus  prcesumendus ,  399. 
Notitia  confuse,  of  sins,  226. 
Number  of  sins  to  be  expressed,  163, 

241,  390. 
Nuns,  confessors  of,   311,  618-623. 

O 

Objections  against  conditional   ab- 
solution, 66. 
Obligation  to  receive  the  sacrament, 
23. 
of  annual  confession,  24,  26. 
procuring  perfect  contrition,  81- 
88. 
Occasio  proximo,  peccati,  488. 
remota,  488,  492 
continua,  489. 
immediata,  491. 
voluntaria,  493,  639. 
intcrrupta,  495. 
neccssaria,  496,  499,  639. 


Occasion   of  sin,   duty  of  avoiding 

the,  487. 
"Odd  Fellows"  condemned,  336. 
Office,  divine,  as  a  source  of  scruples, 

55  1. 
Omission  of  sins  to  be  confessed,  41. 
Omitted,     sins,     through     forgetful  - 

ness,  193. 
Order,  vocation  to  a  religious,  585 
Orders,  sacred,  blot  out  venial  sin, 
34. 
as  a  requisite  for  jurisdiction,  27S. 
confessors  of  religious,  307. 
Ordinarius,    includes    vicar-general, 

339. 
Ordinary,  excommunication  reserved 
to,  339. 
jurisdiction,   284. 
confessor  of  nuns,  313. 


Papal  reservations,  326. 
Parish  priest  can  hear  his  subjects 
anywhere,  287. 

has  ordinary  jurisdiction,  285. 

as  confessor,  213. 
" Passio  Domini,"  prayer  after  ab- 
solution, 52. 
Pastors  appointed  by  civil  govern- 
ment, 335. 
Patience  requisite  in  confessor,  423. 
Peccata  externa  reserved,  only,  324. 
Peccator  publicus,  504,  634. 
Penalties  imposed  on  sollicitans,  377. 
Penance,  virtue  of,  17. 

act  of  the  will,  19. 

sacrament,  20. 

imposition  of,  256. 

public,  261. 
Penances     repugnant     to     penitent 
to  be  avoided,  262. 

for  venial  sins,  266. 

commutation  of,   271. 

object  of  the  sigillum,  474. 
Penitents     aiming     at     perfection, 

536-513. 
Percussores  clericorum,  335. 


660 


TOPICAL    INDEX 


Peregrini  may  be  absolved,  296. 

Perfect  contrition,  76. 
obligation  of,  84. 

Periculum  scandali,  205. 
Icesionis  sigilli,  204. 

Persons    prevented    from   going    to 
Rome,  346. 

Physician,  confessor  as,  448. 

Pollution,  the  vice  of,  o31,  582. 

Pope  has  universal  jurisdiction,  2Z-k 

Postponement    of    absolution,    411, 
415,  529. 

Potestas  jurisdictionis,  280. 
ordinis,  279. 

Practical     knowledge     required     in 
conlessor,  431. 

Precept  of  confession,  23. 

Predominant  passion  to  be  discov- 
ered, 450. 

Preparation  for  making  confession, 
126. 
for   hearing   confession,   416. 

Presence,  moral,  of  penitent,  55,  57, 
58. 

Preserving   the   seal   of   confession, 
466-470. 

Pride,   remedy  against,   456. 

Priesthood,  signs  of  vocation  to  the, 
588. 

Priests,    confessions   of,   624-629. 

Profession  of  faith  by  converts,  558, 
560. 
at  the  hour  of  death,  560. 

Promises    required   in    mixed   mar- 
riages, 601. 

Properties  of  confession,  139. 

Propositum  non  peccandi,   121. 

Proprio  sacerdoti,  meaning  of,  28. 

Proximo,  materia,  39. 

Prudence  of  confessor,  434,  436. 

Public  sinners,  504. 

Purpose  of  amendment,  126,  639. 

Pythias,  Knights  of,  condemned,  336. 

Q 

Qualities  of  contrition,  98. 
Quasi-materia,  37. 


Questions  not  to  be  answered  by 

penitent,  142. 
to  be  put  to  penitent,  214,  380, 

435. 
for  general  confession,  244,  248. 

R 

Raising    the    hand    at    Indnlgentia 

(note),  53. 
Readers  of  heretical  books,  330. 
Reading,  bad,  511. 

of  good  books,  580. 
Reasons    excusing    from    complete 

confession,  198. 
Receptores  of  heretics,  excommuni- 
cated, 329. 
Recipient  of  penance,  70. 
Refusing  absolution,  407. 
Regular  confessor  advisable  for  the 

young,  581. 
Regulars   receive   jurisdiction   from 
the  Pope,  292. 
may  receive  it  conditionally  from 

the  ordinary,  295. 
require    approbation    from    ordi- 
nary, 293. 
may  be  deprived  of  faculties  by 

ordinary,  294. 
confessors  of,  308. 
Relapsing  sinners,  448-459,  521-536. 
Relation  of  contrition  to  the  sacra- 
ment, 111. 
Religious  order,  vocation  to  a,  585. 
Remedies  against  relapse,  448. 

scruples,  550. 
Remorse  of  conscience,  not  contri- 
tion, 72. 
Repeating   confession,  when  neces- 
sary, 224. 
Reproving  penitent,  duty  of,  451. 
Reservation  in  case  of  strangers,  320. 
ceases,  when,  347. 
forgotten  by  confessor,  348. 
Reserved  cases,  316. 

not  to  be  multiplied  unduly,  319. 
papal,  326. 
Retinentes  libros  hcereticos,  330. 


TOPICAL    INDEX 


661 


Retractation   of  heresy  in   joro  ex- 

terno,  329. 
Revealing  the  accomplice,  208. 
Rules  for  confessors,  465. 
scrupulous  penitents,  552. 

S 

Sacramental  seal,  466-476. 
Sacramentals  destroy  sin,  35. 
Sanatio  in  radice,  443,  604. 
Satisfaction,  38. 

Schismatics,  excommunicated,  332. 
Science  of  perfection,  428. 

required  in  confessor,  424. 
Scruples  as  object  of  the  sigillum,  475. 

kinds  of,  550. 

remedies  against,  550. 
Scrupulosity,  causes  of,  547. 

marks  of,  545. 
Scrupulous  penitents,  how  to  treat 

them,  545-552. 
Seal  of  confession,  466. 
Sensible  contrition,  118. 
Servile  fear,  91. 
Sick,    confessor's    ministry    to    the, 

630,  632-645. 
Sigillum  sacramentale ,  466. 
Signs  of  repentance,  20,  645. 

in  the  dying,  649. 

proper  disposition,  400. 

vocation  to  priesthood,  588. 
Simulation   of   confession,   368. 
Sincerity  in  confession,  27. 
Sinful  occasions,  487. 
Sins  forgiven  may  be  again  confessed, 

42. 
Sloth,  remedies  against  the  sin  of, 

458. 
Small  penances,  264. 
Sollicitatio    proprii    poenilentis,    364, 

368. 
Sorrow  for  sin,  quality  of,  72. 

supreme  (appreciative),  108. 

test  of,  119. 
Special    care    of    relapsing    sinners, 

530-536. 
Species  infima,  159. 


State  of  life,  choice  of  a,  583. 
Stealing  relics,  337. 

habit  of,   in  children,  571. 
Striking  a  cleric  suadente  diabolo,  335. 
Sufficient  matter  for  absolution,  40. 
Supplet  ecclesia,  300. 
Supplying  deficient  jurisdiction,  300. 
Suspension,  340. 

Suspensionis   in  the   form  of   abso- 
lution, 52. 

T 

Teacher,  the  confessor  as,  438-448. 
Telephone,  absolution  by  (note),  59. 
Testifying  to  confession  made,  483. 
Theaters,  frequenting,  509. 
Tickets,     certifying     to     confession 

made,  483. 
Timor  mundanus,  naturalis,  servilis, 

filialis,  mixtus  sen  initials,  90. 
Timorous  conscience,    186. 
Titulus  coloratus,  300-302. 
Travelers  on  sea,  who  absolves,  299. 
Treatment  of  scrupulous  penitents, 

545-555. 
Trial,  penance  a  judicial,  21. 
Tribunal,    difference    between    civil 

and  sacramental,  21. 
Trusting  statements  of  penitent,  295. 

U 

Unconscious  penitents,  at  the  hour 
of  death,  646. 

Uncouth  penitents,  447. 

Universality  of  purpose  of  amend- 
ment, 132. 
sorrow  for  sin,  106. 

Unmarried,    confessions    of    young, 
people,  575. 

Urgent  confessions,  what  to  omit  in, 
52. 

Usurpers  of  ecclesiastical  rights,  333. 

Usus    matrimonii,     instruction     re- 
garding the,  599. 


Vagrants    (vagi)    may   be    absolved 
anywhere,  299. 


662 


TOPICAL    INDEX 


Vague  accusations  in  confession,  44, 
48. 

Valid  absolution  requires  pronounc- 
ing of  words,  56. 

Venial  sin,  how  forgiven,  29,  32. 
purpose  of  amendment  in  case  of, 

183. 
penance  for,  266. 

Vicars-general  have  jurisdiction,  285. 

Violation  of  the  sigillum,  476. 

Virginity,  state  of,  in  the  world,  589. 

Virtual  contrition,  30. 

Virtues  required  in  confessor,  416. 

Visits  to  the  sick  to  be  repeated,  642. 

Vitium  pollutionis,  531,  582. 

Vocation,  choice  of  a,  583. 

to  the  priesthood,  signs  of,  588. 

Vow  of  virginity,  5S9. 

Vows  of  nuns,   620. 


W 

Wedding,    confessions    immediately 

before,  596. 
Women,  conduct  of  confessor  toward, 

608. 
Words  required  for  valid  absolution, 

56. 
Worthy   preparation    for   marriage, 

595. 
Writing,  absolution  by,  invalid,  55. 
absolution     by,     from     censures, 
valid  (note),  57. 


Young  men,  love  of  pleasure  in,  579. 
Young  unmarried  people,  confessions 

of,  575. 
Youth,  faults  peculiar  to,  578. 


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AUTOBIOGRAPHY    OF    ST.    IGNATIUS    LOYOLA.      Edited    by 

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